In re the Personal Restraint of Salinas

¶[1

Sweeney, A.C.J.

— Simon Salinas seeks relief from personal restraint imposed following his guilty plea to the offense of first degree unlawful possession of a firearm. He contends that the Department of Corrections (Department) should credit him with earned early release time for the time he served in confinement in South Dakota on a concurrent South Dakota sentence, even though the South Dakota prison system does not have a system in place to calculate earned early release. Its system instead provides for parole.

*774¶2 The question is whether the Department’s refusal to compare the systems and…