Corley v. State

In my view, remanding this case for the trial court to make “findings of fact addressing the validity of the appellant’s argument,” 988 So.2d at 596, is premature in the absence of a determination by this Court as to which of the statutes in question controls for purposes of calculating the appellant’s release date—§ 14-9-41(g)(2), Ala.Code 1975 (on which the appellant relies), or § 14-3-38(c), Ala.Code 1975 (on which the Department of Corrections (“DOC”) and the trial court relied and which the State says is applicable). This Court in Morrison v. State, 687 So.2d 1259 (Ala.Crim.App.1996),…