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State v. Cereceres

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eBook details

  • Title: State v. Cereceres
  • Author : Arizona Court of Appeals
  • Release Date : January 29, 1990
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

The appellant, Jose Luis Cereceres, was indicted on two counts of armed robbery and two counts of aggravated assault. He subsequently pled no contest to an amended count of attempted armed robbery, a class 3 felony, in violation of A.R.S. §Â§ 13-1001, -1901, -1902, and -1904. Appellant was sentenced to an aggravated term of 10 years imprisonment, with credit for 110 days of presentence incarceration. The sole issue raised on appeal is whether the trial court erred by not granting appellant presentence incarceration credit for the day of his arrest in addition to the credit allowed for the 110 days he was confined in the Maricopa County Jail prior to sentencing. We find no error because we conclude that appellant was not in custody for purposes of calculating presentence incarceration credit until he was actually incarcerated in the county jail. Accordingly, we affirm the conviction and sentence imposed by the trial court.


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