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STATE v. BARNARD

No. 1 CA-CR 4108-PR.

126 Ariz. 110 (1980)

612 P.2d 1073

STATE of Arizona, Respondent, v. Gary Hartwell BARNARD, Petitioner.

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

Rehearing Denied May 19, 1980.

Review Denied June 17, 1980.

Attorney(s) appearing for the Case

Charles F. Hyder, Maricopa County Atty. by Sandra L. Janzen, Deputy County Atty., Phoenix, for respondent.

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

OPINION

FROEB, Presiding Judge.

Petitioner Gary Hartwell Barnard pleaded guilty to the crime of child molesting. He was sentenced on June 27, 1978, to a term in the Arizona State Prison of not less than two nor more than three years. The statute under which petitioner was sentenced, A.R.S. § 13-653,1 prohibits deduction of good behavior or double time credits until he has served one year:

A person who molests a child...

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