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LINCOLN v. MISSOURI DEPT. OF CORRECTIONS

No. WD 69097.

289 S.W.3d 306 (2009)

Todd W. LINCOLN, Appellant, v. MISSOURI DEPARTMENT OF CORRECTIONS, Respondent.

Missouri Court of Appeals, Western District.

July 31, 2009.

Attorney(s) appearing for the Case

Craig A. Johnston, for Appellant.

Stephen D. Hawke, for Respondent.

Before: HAROLD L. LOWENSTEIN, Presiding Judge, JOSEPH M. ELLIS, Judge and LISA WHITE HARDWICK, Judge.

JOSEPH M. ELLIS, Judge.

On May 22, 2006, Todd Lincoln was incarcerated in the Missouri Department of Corrections ("DOC"). On that date, he filed a petition for declaratory judgment alleging that the DOC had improperly calculated his mandatory minimum prison term percentage for one of his sentences because, in part, the DOC was incorrectly including a sentence that was stipulated to a long-term drug treatment program under § 217.3621

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