Stults v. State
Stults v. State
Opinion of the Court
Danny Jeffery Stults appeals the circuit court’s denial of his petition for a writ of habeas corpus, in which he argued that he had not been credited with the time he spent incarcerated serving the 18-month confinement portion of the split sentence he received for his unlawful-possession-of-a-controlled-substance conviction.
In his petition, Stults claimed that he is serving a 15-year sentence for his conviction in 2000 for unlawful possession of a controlled substance; according to Stults, that sentence was originally split, and he was ordered to serve 18 months in jail followed by 5 years’ probation. He stated that he served the 18-month confinement portion of his sentence
The Alabama Department of Corrections (“DOC”) filed a motion to dismiss the petition, averring only that Stults’s jail credit had been calculated correctly and that he was receiving all the credit to which he was due.
“[j]ail credit is awarded as certified by the Circuit Court Clerk, pursuant to Code of Alabama § 15-18-5. Inmate Danny Jeffery Stults, # 143765C, was credited with 63 days of jail credit on CC-99-1184 (See Attachment # 1), as certified by the Etowah County Circuit Court Clerk. Generally, the method of calculating jail credit is the actual time spent incarcerated from date of arrest until date of sentence unless subject was released on bond. Therefore, Inmate Stults’ jail credit has been entered correctly.”
(C. 17.) The conviction report designated as attachment # 1 in Holt’s affidavit appears to indicate, among other things, that Stults had been sentenced on January 18, 2000, and granted probation, and that he had been rearrested on June 3, 2005. The conviction report also indicates that § 15-18-8, Ala.Code 1975, was not applicable; that the imposed sentence was 15 years; that none of the sentence was suspended; that he was entitled to 63 days of jail credit against his sentence; and that he was scheduled to begin serving his sentence on August 4, 2005. A copy of
It is well settled that a petition for a writ of habeas corpus is the proper method by which to test whether the State has correctly calculated the time an inmate must serve in prison. See, e.g., Breach v. State, 687 So.2d 1257 (Ala.Crim.App. 1996); and Swicegood v. State, 646 So.2d 158 (Ala. Crim.App. 1993). It is equally well settled that a defendant is entitled to credit for the time spent incarcerated on the present charge. Stults relies on § 15 — 22—54(d)(3), Ala.Code 1975, which provides, in part: “If revocation results in a sentence of confinement, credit shall be given for all time spent in custody prior to revocation.” (Emphasis added.) We note further that “[cjredit for time served upon revocation is mandatory.” Walker v. State, 920 So.2d 592, 595 (Ala.Crim.App. 2005). See also Mumpfield v. State, 872 So.2d 205 (Ala.Crim.App. 2003), and Ware v. State, 842 So.2d 38 (Ala.Crim.App. 2002).
Neither the State nor the circuit court specifically responded to Stults’s allegation that he served 18 months of his sentence but that he was not credited for that time against his sentence pursuant to § 15 — 22—54(d)(3). Although the conviction report attached to Holt’s affidavit indicated, among other things, that Stults’s sentence was not imposed pursuant to § 15-18-8, Ala.Code 1975, we note that that conviction report was prepared on September 26, 2005, i.e., after Stults’s probation was revoked and the 15-year sentence reinstated. Thus, it is unclear from the conviction report whether Stults was not sentenced pursuant to § 15-18-8 but instead was originally placed on probation and his entire 15-year sentence suspended; or whether, as he claims, his 15-year sentence was imposed pursuant to the split-sentence act, he served the incarceration portion of that sentence, was released on probation, and his probation then was revoked, and the information in the conviction report was reflecting that the sentence after revocation was not split pursuant to the split-sentence act. Further, though it appears that some proceeding may have been conducted in open court, that proceeding was not transcribed.
Based on the above-cited authority, it appears that Stults’s unrefuted claim may be meritorious. Therefore, we must remand this case for further proceedings on Stults’s specific allegation that pursuant to § 15 — 22—54(d)(3) he was entitled to, but
REMANDED WITH INSTRUCTIONS.
. Stults conceded that he was credited with the time he spent incarcerated pending trial, averring that that time was credited against the 18-month incarceration period.
. We note that the thrust of the State’s motion to dismiss was geared toward jail credit for time spent incarcerated from the date of arrest until the date of sentence. We further note that the boilerplate motion referenced Stults in the style of the motion and in one section of text, but also referenced a different inmate, averring at one point that “Mays was credited by the Etowah County Circuit Court Clerk.” (C. 15.) (Emphasis added.) Thus, we question whether this motion was actually responsive to, or was even intended to be filed in, this proceeding.
. Stults alleged in his motion for reconsideration of the denial of his petition that a hearing was conducted. Further, Stults's appointed counsel filed a motion to withdraw from his representation of Stults and averred in that motion that "the case was heard in open court and dismissed.” (C. 21.) However, neither the case action summary nor the circuit court's order denying the petition indicates that a hearing was conducted. Further, the court reporter certified that there was no testimony put on the record or taken down in stenotype in the case. Thus, if a hearing was conducted, this Court is unable to ascertain from the record the nature of that hearing or the evidence and arguments advanced, if any, at that hearing.
. Stults also argues on appeal that he was denied due process because the arguments of counsel at the hearing purportedly held by the trial court were not transcribed or recorded, and, further, that he had a right to appear in person at that hearing.
Note from the reporter of decisions: On February 15, 2008, on return to remand, the Court of Criminal Appeals dismissed the appeal, without opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.