Nieuwendaal v. Missouri Department of Corrections

PAUL M. SPINDEN, Presiding Judge.

The Department of Corrections appeals the circuit court’s judgment granting David E. Nieuwendaal’s pro se petition for declaratory judgment. The circuit court determined that, pursuant to Section 559.115.7, RSMo Supp.2004, the department should not consider Nieuwendaal’s prior 120-day incarceration as a prior prison commitment for the purpose of calculating his minimum prison term under Section 558.019, RSMo Supp.2004. We agree and affirm the circuit court’s judgment.

Nieuwendaal committed the offenses of first degree tampering, stealing, and receiving stolen…