Opinion

Miller v. Missouri Department of Corrections

212 S.W.3d 163
2006 Mo. App. LEXIS 1786
2006 WL 3407789

Court: Missouri Court of Appeals
Filed: Nov 28, 2006
Status: Published
On the bench: Smith, Breckenridge, Smart
Cited by: 0 cases

The opinion

Order

PER CURIAM.

The Department of Corrections appeals the motion court’s grant of a declaratory judgment stating that Scott Miller’s prior 120-day callback did not count as a prior commitment for the purpose of determining his mandatory minimum sentence under section 558.019. The Department’s main contention is that section 559.115.7 should not apply retroactively. Having carefully considered the contentions on appeal, we find no grounds for reversing the decision. Publication of a formal opinion would not serve jurisprudential purposes or add to understanding of existing law. The judgment is affirmed. Rule 84.16(b).

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