State v. Carnegie

OPINION

McGREGOR, Judge.

This case presents the basic but recurring issue whether a defendant should receive one day’s presentence incarceration credit for the first day in custody regardless of the actual number of hours spent in custody on that date.

I

Michael Alan Carnegie (appellant) was arrested and booked into jail on December 12, 1991, based upon an indictment charging him with three counts of fraudulent schemes and artifices. Appellant subsequently plead guilty to two counts of fraudulent schemes and artifices, both class 2 felonies. On April 13, 1992, the trial court sentenced appellant…