Berry v. State

OPINION

MEYERSON, Judge.

This appeal concerns the forfeiture of “double time” release credits by the Department of Corrections (DOC) pursuant to A.R.S. § 31-252.

Richard Berry was an “old code” inmate incarcerated at the Arizona State Prison. Old code inmates are those whose crimes were committed prior to October 1, 1978. As such, the criminal code of 1956 governs this appeal. Berry worked as an inmate clerk in the prison warehouse. This position entitled him to earn reduction of his sentence under the provisions of A.R.S. § 31-252(A):

A prisoner under commitment to the department, while working…