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42 Ala. App. 72

Cazalas v. State

Alabama Court of Appeals

Decided April 9, 1963

Alabama Court of Appeals · decided 1963-04-09

Relies on Rockholt v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1963-04-09

How this case has been cited

Cited by 7 later decisions — most recently June 1980

7 state decisions

30196319701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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CATES, Judge.

¶1Appeal from denial of habeas corpus wherein Cazalas claimed “good time” allowances entitled him to discharge from Kilby Prison. Code 1940, T. 45, § 253 et seq., as amended.

¶2The uncontroverted return of the warden showed:

(1) May 17, 1956, judgment on defendant’s plea of guilty' — grand larceny and receiving — sentence of one year and one day.
(2) undated judgment on defendant’s plea of guilty — possession of narcotics — sentence five years to begin *73running after end of time under (1) above;
(3) May 17, 1956, judgment on defendant’s plea of guilty — grand larceny and receiving — sentence one year and one day to begin after that in (2) above;
(4) May 17, 1956, judgment on defendant’s plea of guilty — grand larceny and receiving — sentence one year and one day to begin after end of that in (3) above;

¶3all of the Mobile Circuit Court. The sentences total eight years and three days beginning sometime after May 17, 1956.

¶4Since the good time law involves administrative questions, computations under it cannot, unless admitted to be correct in the warden’s return, be used (nor reviewed in the first instance) in habeas corpus. Rockholt v. State, 41 Ala.App. 337, 132 So.2d 269.

¶5The judgment remanding Cazalas is hereby

¶6Affirmed.

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