STATE v. LEE

No. 1 CA-CR 88-275-PR.

160 Ariz. 323 (1989)

772 P.2d 1176

STATE of Arizona, Respondent, v. Billy Don LEE, Petitioner.

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

May 2, 1989.


Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa County Atty. by H. Allen Gerhardt, Deputy County Atty., Phoenix, for respondent.

George M. Sterling, Phoenix, for petitioner.


OPINION

CLABORNE, Judge.

The petitioner (defendant) was convicted of robbery and sentenced to an eighteen-year term of imprisonment as a repetitive offender.

In this petition for post-conviction relief, the defendant presents a novel issue. The trial court at sentencing gave the defendant pre-sentence incarceration credit for more days than defendant actually served. At a later hearing the trial judge corrected that error by a "nunc pro tunc" order...

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