Roger Dale Frazier v. State.
Roger Dale Frazier v. State.
Opinion
On October 7, 1999, the appellant, Roger Dale Frazier, pleaded guilty to two counts of robbery in the second degree; nine days later, the appellant was tried on a charge of, and was convicted of, escape. For these offenses, the appellant was sentenced to three life sentences, which were to be served concurrently. This appeal is from the denial of the appellant's petition for a writ of habeas corpus.
The appellant argues that he was not credited with the proper amount of jail time for the time he served while awaiting trial. The Alabama Department of Corrections moved to dismiss the petition as moot, offering the affidavit of Kathy Holt, correctional records assistant director for the Department, and certified copies of the forms indicating the amount of credit for time served. Both the affidavit and the certified forms indicate that the appellant was credited with 154 days for each robbery conviction and with 137 days for his escape conviction. The trial judge subsequently dismissed the petition for the writ of habeas corpus, stating that the appellant had not demonstrated that he had been deprived of a constitutionally protected liberty interest.
Section
REMANDED WITH DIRECTIONS.
Long, P.J., and Cobb, Baschab, and Fry, JJ., concur.
Reference
- Full Case Name
- Frazier v. State, Cr-99-1261 (ala.crim.app. 12-22-2000)
- Cited By
- 6 cases
- Status
- Published