State v. Fragozo

ESPINOSA, Chief Judge.

¶ 1 In this pro se petition for review of the denial of post-conviction relief pursuant to Rule 32, Ariz. R.Crim. P., 17 A.R.S., petitioner challenges the trial court’s refusal of his request for 120 days of presentenee incarceration credit in addition to the 152 days’ credit he received. Because the trial court erred as a matter of law, we find it abused its discretion in denying relief. See State v. Schrock, 149 Ariz. 433, 719 P.2d 1049 (1986) (trial court’s decision whether to grant or deny post-conviction relief will not be disturbed absent an abuse of discretion).

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