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WEST v. DOOLEY

No. 25654.

792 N.W.2d 925 (2010)

2010 S.D. 102

Steven WEST #34271, Petitioner and Appellant, v. Robert DOOLEY, Warden, Mike Durfee State Prison, Respondent and Appellee.

Supreme Court of South Dakota.

Decided December 29, 2010.

Attorney(s) appearing for the Case

Chris S. Giles of Ericsson & Giles, LLP Madison, South Dakota Attorneys for petitioner and appellant.

Marty J. Jackley , Attorney General, Max A. Gors , Special Assistant Attorney General Department of Corrections, Pierre, South Dakota, Attorneys for respondent and appellee.

ZINTER, Justice.

[¶ 1.] Steven West petitioned for a writ of habeas corpus challenging the Department of Correction's calculation of the time he must serve on two consecutive sentences. The dispute involves the manner of calculating good-conduct credit under SDCL 24-5-1. The habeas court affirmed the Department's calculation, which applied the statutory formula to each sentence separately. West appeals, arguing that the total time to be served under both sentences...

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