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STATE v. REYNOLDS

No. CR-91-0116-PR.

170 Ariz. 233 (1992)

823 P.2d 681

STATE of Arizona, Appellee, v. Brian Keith REYNOLDS, Appellant.

Supreme Court of Arizona, En Banc.

January 7, 1992.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen., Paul J. McMurdie, Atty. General's Office, Chief Counsel, Crim. Appeals Section, Jack Roberts, Asst. Atty. Gen., Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender, Stephen R. Collins, Deputy Maricopa County Public Defender, Phoenix, for appellant.

OPINION

GORDON, Chief Justice.

The State of Arizona petitioned for review of the court of appeals' opinion holding that a defendant is entitled to credit for time spent in a drug rehabilitation program as time spent "in custody" pursuant to A.R.S. § 13-709(B). We granted review to resolve a conflict between court of appeals' decisions on this issue. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3), and A.R.S. § 12-120.24.

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