Burlew v. Missouri Department of Corrections

ALOKAHUJA, Judge.

David Burlew appeals the Cole County Circuit Court’s dismissal of his petition seeking declaratory relief against the Department of Corrections. Burlew’s petition alleges that he is entitled to time-served credit against a prison sentence he is currently serving, which the Department has refused to grant him. Because we conclude that Burlew has pleaded a claim which would entitle him to relief, we reverse.

Factual Background

According to the petition, 1 on July 27, 2007, Burlew entered guilty pleas for felony driving while intoxicated (“DWI”), and two separate violations of…