Valenzuela v. State

OPINION

FERNANDEZ, Judge.

Appellant Jose A. Valenzuela filed a civil lawsuit against the State of Arizona and the Department of Corrections to recover damages for illegally prolonging his imprisonment. He appeals from the granting of summary judgment in favor of the state. We affirm.

Prior to October 1, 1978, appellant was convicted of assault with a deadly weapon and was sentenced to the Department of Corrections pursuant to the Criminal Code of 1956. State v. Valenzuela, 144 Ariz. 43, 695 P.2d 732 (1985). Appellant’s commitment time was thus determined under the “old code.” Under that code,…