D.L.S. v. State

LONG, Judge.

The appellant, D.L.S., an Alabama inmate serving a prison sentence for a 1994 conviction for incest, a violation of § 13A-13-3, Ala.Code 1975, appeals from the circuit court’s dismissal of his petition for a writ of habeas corpus, claiming that he is eligible for Class I correctional incentive time (“CIT”) earning status, that he is being improperly denied that status, and that as a result he must serve a longer sentence than would otherwise be required.

The state filed a motion to dismiss the appellant’s petition, asserting that the appellant was ineligible for Class I CIT earning…