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STATE v. WALLIS

No. 5538-PR.

132 Ariz. 445 (1982)

646 P.2d 876

STATE of Arizona, Appellee, v. Charles David WALLIS, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied June 15, 1982.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III and Gary A. Fadell, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Garth V. Smith, Deputy Public Defender, Phoenix, for appellant.

CAMERON, Justice.

We granted this petition for review to resolve a conflict between Division One and Division Two of the Court of Appeals regarding the application of A.R.S. § 13-709(B) & (D) to presentence incarceration. We have jurisdiction pursuant to A.R.S. § 12-120.24 and Rule 31.19, Arizona Rules of Criminal Procedure, 17 A.R.S.

We must answer two questions:

1. When an escapee is arrested on another (new) charge, may he be given...

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