Sims v. State

Oscar Sims appeals the dismissal of his petition for writ of habeas corpus1 in which he claims that he is entitled to retroactive credit for correctional incentive time. Sims alleges, inter alia, that the exception to § 14-9-41(h), Code of Alabama 1975 (Supp. 1992), for those convicted of sexual offenses, upon which the Department of Corrections relied to deny him retroactive correctional incentive time,2 is violative of the Equal Protection Clause of the United States Constitution. We agree. In the recent case of Brooks v. State,622 So.2d 447 (Ala.Cr.App. 1993), we held that the exception to…