Ware v. State
Ware v. State
Opinion
Jessie James Ware appeals from the trial court's summary denial of his petition for a writ of habeas corpus,1 wherein he contended that he is entitled to 437 days of jail credit for pretrial incarceration rather than the 176 days with which he was credited.
On March 26, 1998, Ware pleaded guilty to one count of burglary in the third degree and one count of theft of property in the second degree. See §§
"Upon conviction and imprisonment for any felony or misdemeanor, the sentencing court shall order that the convicted person be credited with all of his actual time spent incarcerated pending trial for such offense. The actual time spent incarcerated pending trial shall be certified by the circuit clerk or district clerk on forms to be prescribed by the Board of Corrections."
The record in the present case does not contain a certified report of the circuit clerk indicating the source of the challenged amount of jail credit or the method by which that amount was calculated. Furthermore, we note that the State did not contradict the facts set out in Ware's petition; therefore, we must take those facts as true and treat the petition as meritorious on its face. See Swicegood v. State,
REMANDED WITH DIRECTIONS.
McMillan, P.J., and Cobb, Baschab, and Wise, JJ., concur.
Reference
- Full Case Name
- Jessie James Ware v. State of Alabama.
- Cited By
- 2 cases
- Status
- Published