Legal Opinion

State v. Sutton

Court of Appeals of Arizona

Decided April 18, 1974No. 1 CA-CR 583PublishedCited by 19 opinions

1Opinion of the Court

OPINION

JACOBSON, Chief Judge.

On February 5, 1974, we issued our opinion in State v. Sutton, 21 Ariz.App. 271, 518 P.2d 590 (1974), holding that a probationer whose probation was subsequently revoked must be given credit for time served in pre-probation incarceration where the sentence received was the maximum allowable by law.

The rationale of this holding was based upon an interpretation of the sentencing statutes involved and an infringement upon the legislative prerogatives by the executive or judicial branches of government if jail time actually served exceeded the maximum set by the…

2Cases cited13 opinions

  1. Williams v. IllinoisSupreme Court of the United States · 1970
  2. United States v. Bernard GainesCourt of Appeals for the Second Circuit · 1971
  3. White v. GilliganDistrict Court, S.D. Ohio · 1972
  4. Workman v. CardwellDistrict Court, N.D. Ohio · 1972
  5. Cecil T. Hart v. C. Murray Henderson, WardenCourt of Appeals for the Fifth Circuit · 1971

8 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Thomas Harry Durkin v. Jack F. Davis, Director, Dept. Of CorrectionsCourt of Appeals for the Fourth Circuit · 1976
  2. State v. Cruz-MataArizona Supreme Court · 1983
  3. State v. FuentesCourt of Appeals of Arizona · 1976
  4. State v. SalazarCourt of Appeals of Arizona · 1975
  5. State v. CarnegieCourt of Appeals of Arizona · 1993

14 more not listed; retrieve them via the Exa API.

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