West v. Dooley

2010 S.D. 102, 2010 SD 102, 792 N.W.2d 925, 2010 S.D. LEXIS 178, 2010 WL 5402978
CourtSouth Dakota Supreme Court
DecidedDecember 29, 2010
Docket25654
StatusPublished
Cited by3 cases

This text of 2010 S.D. 102 (West v. Dooley) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
West v. Dooley, 2010 S.D. 102, 2010 SD 102, 792 N.W.2d 925, 2010 S.D. LEXIS 178, 2010 WL 5402978 (S.D. 2010).

Opinion

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 should be aggregated before applying the statute. We affirm the Department’s calculation.

Facts and Procedural History

[¶ 2.] On July 1,1998, Steven West was sentenced to 7½ years in the state penitentiary for sexual contact with a child (his “first sentence”). On the same day, he was sentenced to 7½ years for sexual contact with another child (his “second sentence”). The second sentence was to run consecutively to the first.

[¶ 3.] West is an “old-system” inmate because his offenses were committed before July 1, 1996. See SDCL 24-15A-1. As an old-system inmate, West was entitled to a reduction of his sentences for good conduct (colloquially referred to as “good time”) under SDCL 24-5-1. That statute provides that an inmate’s sentence will be reduced four months per year for good conduct during the first nine years of the “sentence” and six months per year *926 during the tenth year and each succeeding year of the “sentence.” The statute provides:

Every inmate sentenced for any term less than life, or who has had an indeterminate sentence set at a term of years, or who has had a life sentence commuted to a term of years, and subject to the provisions of §§ 24-2-17 and 24-2-18, is entitled to a deduction of four months from his or her sentence for each year and pro rata for any part of a year for the first year to the tenth, and six months for the tenth year and for each year thereafter until the expiration of the period of the sentence as pronounced by the court, for good conduct.

SDCL 24-5-1.

[¶ 4.] The Department calculated West’s total time to serve by allowing good-time credit of 2½ years on each 7½-year sentence. The Department’s calculation was as follows:

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Under this calculation, West completed serving his first 7 ½-year sentence on May 14, 2003. 1 West then commenced serving his second sentence. Allowing 2½ years good-time credit on the second 7/£-year sentence, the Department determined that West would complete serving his second sentence on May 14, 2008.

[¶ 5.] West contended that his good-time credit should have been calculated by adding his 7/é-year sentences together before applying SDCL 24-5-1. In other words, West contended that the separate sentences should be aggregated to a total of fifteen years before the statutory formula was applied. West proposed a calculation as follows:

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Under West’s calculation, he would have completed serving both sentences in nine years, one year earlier than under the Department’s calculation.

[¶ 6.] The habeas court concluded that “SDCL 24-5-1 does not have aggregation language,” and that the court should not supply words that the Legislature did not include in the statute. Statutory interpretation is a matter of law that this Court reviews de novo. In re B.Y. Dev. Inc., 2010 S.D. 57, ¶7, 785 N.W.2d 296, 299.

Decision

[¶ 7.] West relies on Anderson v. S.D. Bd. of Pardons and Paroles, 1999 *927 S.D. 41, 590 N.W.2d 915, for the proposition that consecutive sentences are to be added together and good time is to be calculated on the aggregate time to serve. Our reading of Anderson dictates the opposite conclusion.

[¶ 8.] In Anderson, the defendant received consecutive sentences of seven years and five years, and he was ordered to serve the seven-year sentence first. Anderson was later paroled, but his parole was subsequently revoked. In the revocation proceeding, the parole board initially revoked the twenty-eight months of good time that Anderson had acquired on the seven-year sentence. The board later amended its order and revoked the twenty months of good time that he had acquired on the five-year sentence. Id. ¶ 5, 590 N.W.2d at 916. Anderson appealed, arguing that he had completed the five-year sentence and good time could not be revoked from a completed sentence. Id. ¶ 7, 590 N.W.2d at 916.

[¶ 9.] In resolving that issue, this Court held that the parole board was authorized to revoke the good time on both sentences. We stated that the parole board was correct in its original revocation of the twenty-eight months of good time relating to Anderson’s seven-year sentence, and the board was also correct in revoking the twenty months of good time relating to his five-year sentence. Id. ¶ 11, 590 N.W.2d at 917. Notably, this holding acknowledged that the good time was calculated separately on each sentence.

[¶ 10.] West, however, relies on two other statements in the Anderson analysis. Anderson stated that aggregation “is reflected in SDCL 24-15-7 ... which require[s] the time to be served for consecutive sentences to be added together to determine parole eligibility.” Id. ¶ 10, 590 N.W.2d at 917. West also notes that Anderson cited Grant v. Hunter, 166 F.2d 673, 674 (10th Cir.1948), for the proposition that with respect to good time, “the imprisonment of one serving consecutive sentences is considered a single term, consisting of the aggregate of such sentences for the purpose of computing good time allowance.” Id. ¶9, 590 N.W.2d at 917. West argues that by these statements “[t]his Court appeared to be giving an indication ... that SDCL 24-5-1 should be interpreted to have good time calculated on the aggregate term similar to the way parole is calculated.” We disagree for two reasons.

[¶ 11.] First, Anderson’s language describing SDCL 24-15-7 has no relevance here.

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Related

Schuelke v. Belle Fourche Irrigation District
2013 SD 82 (South Dakota Supreme Court, 2013)
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Cite This Page — Counsel Stack

Bluebook (online)
2010 S.D. 102, 2010 SD 102, 792 N.W.2d 925, 2010 S.D. LEXIS 178, 2010 WL 5402978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-v-dooley-sd-2010.