Sundberg v. Thomas, CR-08-0096.
Decision Date | 16 January 2009 |
Docket Number | CR-08-0096. |
Parties | Kenneth Roy SUNDBERG v. Willie THOMAS et al. |
Court | Alabama Court of Criminal Appeals |
Kenneth Roy Sundberg, pro se.
Kim T. Thomas, gen. counsel, and Albert S. Butler, asst. gen. counsel, Department of Corrections, for appellee.
The appellant, Kenneth Roy Sundberg, filed a petition for a writ of habeas corpus, arguing that the Alabama Department of Corrections ("DOC") has improperly calculated his release date. After DOC responded, the circuit court summarily dismissed the petition. This appeal followed.
The record indicates that Sundberg was convicted of first-degree robbery and was sentenced to serve a term of 20 years in prison on June 20, 1989.1 It also indicates that he was released on parole on July 19, 1993; that he was rearrested in New Hampshire on August 31, 1993; that he was declared delinquent on September 7, 1993; and that he was returned to Alabama on September 22, 1993. Sundberg argues that he is entitled to receive credit against his sentence for the time between the date he was declared delinquent and the date he was returned to Alabama. In support of its motion to dismiss, DOC attached an affidavit from Kathy Holt, its Correctional Records Director. In her affidavit, Holt stated, in pertinent part:
(C.R. 14.)
A petition for a writ of habeas corpus is the proper method by which to test whether DOC has correctly calculated the time an inmate must serve in prison. See Breach v. State, 687 So.2d 1257 (Ala. Crim.App.1996); Swicegood v. State, 646 So.2d 158 (Ala.Crim.App.1993). Section 15-22-32, Ala.Code 1975, provides:
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