Brooks v. State

This is an appeal from the denial of a petition for writ of habeas corpus in which the appellant claims that he is entitled to retroactive good-time credit. The appellant alleges that Ala. Code § 14-9-41(h) (Supp. 1992), upon which the Department of Corrections relied to deny him retroactive good time benefits, violates the Equal Protection Clause of the Fourteenth Amendment.

On December 9, 1988, the appellant was convicted of sodomy in the second degree, a Class B felony, Ala. Code § 13A-6-64(b) (Supp. 1992), and sentenced to ten years' imprisonment. At that time, the appellant was not…