Legal Opinion
State v. Mathieu
Court of Appeals of Arizona
Decided August 2, 1990No. 1 CA-CR 88-554PublishedCited by 11 opinions
1Opinion of the Court
OPINION
GRANT, Chief Judge.
This appeal addresses whether an offender of the driving while intoxicated statute, A.R.S. § 28-692.02, is entitled to receive presentence incarceration credit against time served in prison as a condition of probation. We hold that such credit is required.
FACTS
The defendant was indicted on two felony DWI charges in January 1987. He was arrested pursuant to the indictment on May 23, 1987, and bond was set at $1370. Because the defendant was indigent, he was unable to post bond. He remained in custody for 76 days, until he was released by court order to a third party…
2Cases cited25 opinions
- State v. PhelanWashington Supreme Court · 1983
- Michael R. King v. Donald W. Wyrick, Warden, Missouri State Penitentiary, Jefferson City, MissouriCourt of Appeals for the Eighth Circuit · 1975
- State v. Van MeterCourt of Appeals of Arizona · 1968
- Paul Luna Vasquez v. Thomas CooperCourt of Appeals for the Tenth Circuit · 1988
- Elmer L. Johnson v. Paul Prast, Harold Smith v. Ramon L. GrayCourt of Appeals for the Seventh Circuit · 1977
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3Cited by11 opinions
- State v. NihiserCourt of Appeals of Arizona · 1997
- State v. SanchezCourt of Appeals of Arizona · 1997
- State v. SniderCourt of Appeals of Arizona · 1992
- State v. WatsonCourt of Appeals of Arizona · 2020
- State v. ReynoldsCourt of Appeals of Arizona · 1991
6 more not listed; retrieve them via the Exa API.