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STATE v. MATHIEU

No. 1 CA-CR 88-554.

165 Ariz. 20 (1990)

795 P.2d 1303

STATE of Arizona, Appellee, v. Gaetan MATHIEU, Appellant.

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

August 2, 1990.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Jessica G. Funkhouser, Chief Counsel, Crim. Div., Vicki Gotkin Adler, Asst. Atty. Gen., Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by Paul C. Klapper, Deputy Public Defender, Phoenix, for appellant.

OPINION

GRANT, Chief Judge.

This appeal addresses whether an offender of the driving while intoxicated statute, A.R.S. § 28-692.02, is entitled to receive presentence incarceration credit against time served in prison as a condition of probation. We hold that such credit is required.

FACTS

The defendant was indicted on two felony DWI charges in January 1987. He was arrested pursuant to the indictment...

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