State v. Wallis

CAMERON, Justice.

We granted this petition for review to resolve a conflict between Division One and Division Two of the Court of Appeals regarding the application of A.R.S. § 13-709(B) & (D) to presentence incarceration. We have jurisdiction pursuant to A.R.S. § 12-120.24 and Rule 31.19, Arizona Rules of Criminal Procedure, 17 A.R.S.

We must answer two questions:

1. When an escapee is arrested on another (new) charge, may he be given presentence incarceration credit on the (old) sentence he was serving at the time of the escape?

2. May presentence incarceration credit be applied to more than one…