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STATE v. CLEMENTS

No. 1 CA-CR 88-199.

161 Ariz. 123 (1989)

776 P.2d 801

STATE of Arizona, Appellee, v. Gary Lee CLEMENTS, Appellant.

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

June 29, 1989.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Jessica G. Funkhouser, Chief Counsel, Crim. Div., and Jack Roberts, Asst. Atty. Gen., Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by John W. Rood, III, Deputy Public Defender, Phoenix, for appellant.

OPINION

FIDEL, Judge.

A court is statutorily obliged to impose at least a six month prison term when it places a felony DWI offender on probation. A.R.S. § 28-692.01(F). The question presented by this appeal is whether A.R.S. § 28-692.01(F) deprives the court of authority to credit presentence incarceration time against this mandatory six month term.

I. BACKGROUND

A. Procedural History

The defendant was charged with...

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