Bell v. State

PATTERSON, Judge.

John Nathan Bell appeals the circuit court’s judgment dismissing his petition for a writ of habeas corpus.

The record shows that Bell was convicted of second degree rape and that he was sentenced to 15 years’ imprisonment. He is receiving correctional incentive time (CIT) under Ala.Code 1975, § 14-9-41(a), but he has been denied retroactive CIT under § 14-9-41(h). He contends that this denial of retroactive CIT violates his right to equal protection, and as support for this contention, he cites Brooks v. State, 622 So.2d 447 (Ala.Cr.App.1993). In Brooks, the court held that…