Canale v. Department of Corrections

LISA WHITE HARDWICK, Judge.

The Missouri Department of Corrections (MDOC) appeals from a declaratory judgment in favor of Nicholas Canale. MDOC contends the circuit court erred in determining the minimum prison time Canale must serve based on the number of his prior prison commitments. We agree and reverse the judgment.

Factual and Procedural Histoey

On March 4, 2002, Canale was convicted of stealing and first-degree tampering, for which he was sentenced to concurrent five-year prison terms. Canale was released on probation after successfully completing a 120-day call back program. The probation…