State v. Schumann

OPINION

KLEINSCHMIDT, Judge.

The defendant, Brian Schumann, appeals his conviction and sentence imposed following a guilty plea to aggravated driving while under the influence of intoxicating liquor, a class 5 felony. The question presented in this appeal is whether Ariz.Rev. StatAnn. (“A.R.S.”) § 13-709(B) (1989), as interpreted by State v. Mathieu, 165 Ariz. 20, 795 P.2d 1303 (App.1990), affords a trial court discretion to credit presentence incarceration time against a probationary jail term rather than against a six-month prison sentence. We conclude that it does.

In November 1990, the…