Legal Opinion
State v. Clements
Court of Appeals of Arizona
Decided June 29, 1989No. 1 CA-CR 88-199PublishedCited by 7 opinions
1Opinion of the Court
OPINION
FIDEL, Judge.
A court is statutorily obliged to impose at least a six month prison term when it places a felony DWI offender on probation. A.R.S. § 28-692.01(F). The question presented by this appeal is whether A.R.S. § 28-692.01(F) deprives the court of authority to credit presentence incarceration time against this mandatory six month term.
I. BACKGROUND
A. Procedural History
The defendant was charged with driving under the influence of alcohol (DWI) in violation of A.R.S. § 28-692. 1 Defendant had four times previously been convicted of the same offense. Thus, pursuant to A.R.S. §…
2Cases cited11 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- State v. LeonArizona Supreme Court · 1969
- State Ex Rel. Larson v. FarleyArizona Supreme Court · 1970
- State v. StoneCourt of Appeals of Arizona · 1979
- State v. HamiltonCourt of Appeals of Arizona · 1987
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Soto v. Superior CourtCourt of Appeals of Arizona · 1997
- State v. MathieuCourt of Appeals of Arizona · 1990
- State v. GandaraCourt of Appeals of Arizona · 1992
- State v. SniderCourt of Appeals of Arizona · 1992
- State v. CalvertNew Mexico Court of Appeals · 2002
2 more not listed; retrieve them via the Exa API.