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MILLER v. MISSOURI DEPT. OF CORRECTIONS

No. WD 72699.

338 S.W.3d 400 (2011)

Darrell MILLER, Appellant, v. MISSOURI DEPARTMENT OF CORRECTIONS, Respondent.

Missouri Court of Appeals, Western District.

April 5, 2011.

Attorney(s) appearing for the Case

Kent E. Gipson and Reed L. Wycuff , Kansas City, MO, for Appellant.

Chris Koster , Attorney General, Stephen D. Hawke , Assistant Attorney General, Jefferson City, MO, for Respondent.

Before Division I: MARK D. PFEIFFER, Presiding Judge, and THOMAS H. NEWTON and ALOK AHUJA, Judges.

MARK D. PFEIFFER, Presiding Judge.

Darrell Miller ("Miller") appeals the dismissal of his petition for declaratory judgment by the DeKalb County Circuit Court ("trial court"). Miller requested additional credit for time served in custody prior to the commencement of his sentence on a fifteen-year prison term for a drug charge, arguing that the Missouri Department of Corrections (the "DOC") improperly calculated and credited time served in custody. We affirm.

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