Floyd v. State
Floyd v. State
Opinion
The appellant, Ronnie Floyd, appeals from the denial by the Jefferson Circuit Court of his petition for the writ of habeas corpus. In his petition, the appellant argued that he was due to receive six months' jail credit because he had been granted a working appeal by the trial court. The trial court found that the pleading was not a petition for a writ of habeas corpus, but was instead a motion for additional credit for time served. The court found that the appellant was not entitled to additional jail credit because he had not been granted a working appeal, as he claimed, and denied the petition. *Page 726
A petition for a writ of habeas corpus is the proper method by which to ascertain whether the State has correctly calculated the time an inmate must serve in prison. Swicegood v. State,
Because the trial court did not have jurisdiction to deny the appellant's petition, the order of dismissal is reversed, and this matter is remanded to the trial court for that court to transfer the petition to the Bessemer Division of the Jefferson Circuit Court, which is the proper circuit court to hear the petition. If, as the Department of Corrections alleges in its brief, the appellant has a petition for a writ of habeas corpus currently pending in the Bessemer Division,1 this cause is due to be dismissed by that Court.
REVERSED AND REMANDED.
Cobb, Baschab, Shaw, and Wise, JJ., concur.
Reference
- Full Case Name
- Ronnie Floyd v. State.
- Cited By
- 3 cases
- Status
- Published