State v. Brodie

OPINION

OGG, Chief Judge.

Appellant Brodie pled guilty to Theft, a Class 4 felony. The imposition of sentence was suspended for five years, and appellant was placed on probation under the condition that he serve one year “flat time” in the Maricopa County Jail. The sole issue on appeal is whether appellant should have been credited with 51 days of presentence incarceration served as a result of appellant’s inability to post bond prior to his placement on probation.

In support of his argument that the pre-sentence jail time should have been offset against the maximum probationary jail time,…