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BERRY v. STATE, DEPT. OF CORRECTIONS

No. 1 CA-CIV 7613.

144 Ariz. 126 (1984)

696 P.2d 216

Richard S. BERRY, Plaintiff-Appellant, v. STATE of Arizona, DEPARTMENT OF CORRECTIONS, and James Ricketts, Director, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Review Denied February 13, 1985.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Thomas Prose, Asst. Atty. Gen., Phoenix, for defendants-appellees.

Richard S. Berry, Tempe, in pro. per.

OPINION

GREER, Acting Presiding Judge.

The issue in this case is whether the trial court erred in dismissing the plaintiff's constitutional and statutory challenges to A.R.S. § 31-233(G), a provision that grants early parole eligibility to certain offenders. We reverse.

The plaintiff-appellant, Richard S. Berry, was convicted of theft by false pretenses (A.R.S. § 13-661 under the old criminal code...

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