Bantle v. Dwyer

PHILLIP R. GARRISON, Judge.

Donald Bantle (“Appellant”) appeals the trial court’s judgment denying his pro se petition for declaratory judgment. Appellant contends the trial court erred in determining that his incarceration under Section 217.3621 may be considered as a prior prison commitment for the purpose of calculating his mandatory minimum sentence under Section 558.019.2 We reverse and remand.

FACTS AND PROCEDURE

On September 27, 2002, Appellant was sentenced to consecutive prison terms of six, six, and five years for three felonies he committed while on parole. The Depart*430ment of…