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Hanif v. Alabama Department of Corrections

Alabama Court of Criminal Appeals

April 17, 2015

Rehan Hanif
v.
Alabama Department of Corrections

          Appeal from Escambia Circuit Court. (CV-14-21).

         Rehan Hanif, Appellant, Pro se.

         For Appellee: Anne Adams Hill, gen. counsel, and Albert S. Butler, asst. gen. counsel, Alabama Department of Corrections.

         WINDOM, Presiding Judge. Welch and Joiner, JJ., concur. Kellum and Burke, JJ., concur in the result.

          OPINION

Page 626

          WINDOM, Presiding Judge.

         Rehan Hanif appeals the circuit court's dismissal of his petition for a writ of habeas corpus in which he challenged the calculation of his sentence by the Alabama Department of Corrections (" DOC" ). For the reasons that follow, this Court reverses the circuit court's decision and remands this cause for further proceedings.

         In 2012, Hanif was convicted of attempted solicitation of a child by computer, see § § 13A-6-110 and 13A-4-2, Ala. Code 1975, and was sentenced to 10 years in prison. On appeal, this Court affirmed Hanif's conviction and sentence by unpublished memorandum in which it summarized the facts of Hanif's crime as follows:

" [I]n April 2006 Hanif used a computer to communicate with an individual that he believed to be a 14-year-old girl in Baldwin County and solicit her to engage in oral sex. Although he believed he was communicating with a 14-year-old girl named 'Jennifer' in a chatroom, Hanif was actually communicating with Commander William Cowan of the Gulf Shores police department. Hanif agreed to meet 'Jennifer' at a car wash in Gulf Shores. Once Hanif arrived at the car wash, he was arrested.

Hanif v. State, (No. CR-12-0273, Sept. 27, 2013) So.3d (Ala.Crim.App. 2013) (table).

         On May 2, 2014, Hanif filed a petition for a writ of habeas corpus in which he

Page 627

argued, among other things, that the DOC was improperly denying him Class I Correctional Incentive Time (" CIT" ) under § 14-9-41(e), Ala. Code 1975, on the ground that he had been convicted of a sexual offense involving a child under the age of 17. Specifically, Hanif argued that his offense did not involve a child; rather, it involved an adult posing as a child. According to Hanif, because his offense did not involve an actual child, the DOC had no grounds under § 14-9-41(e), Ala. Code 1975, to deny him Class I CIT. The DOC filed a motion to dismiss in which it argued that Hanif is prohibited from receiving Class I C.I.T. under § 14-9-41(e), Ala. Code 1975. Along with its motion to dismiss, the DOC filed an affidavit from Mark Burton, the Director of Central Records, explaining that § 14-9-41(e), Ala. Code 1975, prohibits Hanif from earning Class I C.I.T. because he had been convicted of an attempted sex crime against a child under the age of 17. Specifically, Hanif had been convicted of an attempt to solicit a 14-year-old child by computer. Thereafter, the circuit court granted the DOC's motion to dismiss.

         On appeal, Hanif reasserts his argument that the DOC is improperly denying him Class I CIT. According to Hanif, § 14-9-41(e), Ala. Code 1975, does not prohibit him from earning Class I C.I.T. because his crime did not involve an actual child under the age of 17. Rather, he solicited an adult who he thought was a child. According to Hanif, because there was no child involved in his crime, he is entitled to Class I CIT. The DOC, on the other hand, argues that Hanif is prohibited under § 14-9-41(e), Ala. Code 1975, from earning Class I C.I.T. ...


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