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STATE v. SUTTON

No. 1 CA-CR 583.

21 Ariz. App. 271 (1974)

518 P.2d 590

STATE of Arizona, Appellee, v. Charles SUTTON, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied April 18, 1974.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Thomas A. Jacobs, Phoenix, for appellee.

Ross P. Lee, Public Defender, Maricopa County, by Anne Kappes, Deputy Public Defender, Phoenix, for appellant.

Rehearing Denied April 18, 1974. See 518 P.2d 590.

OPINION

JACOBSON, Chief Judge, Division 1.

This appeal presents the limited issue of whether a criminal defendant must be given credit in sentencing for time spent in presentence incarceration where the sentence actually imposed gives as a maximum the statutory limit but the minimum sentence plus the presentence incarceration time does not equal the statutory limit...

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