Kirby v. State

McMILLAN, Presiding Judge.

On May 8, 1989, the appellant, Jeffery Powell Kirby, was convicted in the Chambers Circuit Court of first-degree sodomy. He was sentenced to 15 years’ imprisonment.

On January 18, 2001, the appellant filed a petition for a writ of habeas corpus, challenging the Department’s of Correction’s calculation of his expiration of sentence (“EOS”) date. The appellant alleges that he was sentenced for the first-degree sodomy conviction on May 22, 1989; he argues that his EOS date, therefore, is May 22, 2004. He attached to his petition a copy of the case action summary sheet…