Alabama Court of Criminal Appeals, 1995

Dortch v. State

Dortch v. State
Alabama Court of Criminal Appeals · Decided January 13, 1995 · Montiel
654 So. 2d 105; 1995 Ala. Crim. App. LEXIS 45; 1995 WL 11494 (Southern Reporter, Second Series)

Dortch v. State

Opinion of the Court

MONTIEL, Judge.

The appellant, Douglas Earl Dortch, appeals from the denial of his petition for a writ of habeas corpus in which he claims, among other things, that he is entitled to retroactive correctional incentive time. The appellant was convicted of sexual abuse in the first degree and the denial of retroactive incentive time was based on § 14-9-41(h), Code of Alabama 1975, which excepts sex offenders from those eligible for retroactive incentive time. We have previously held that the omission of sex offenders from eligibility for retroactive incentive time violated the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. Sims v. State, 625 So.2d 1192 (Ala.Crim.App. 1993); Brooks v. State, 622 So.2d 447, 450-51 (Ala.Crim.App. 1993). Therefore, upon this authority, we reverse the judgment of the circuit court and remand this case for further proceedings consistent with Sims and Brooks.

REVERSED AND REMANDED.

All the Judges concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.