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STATE v. REYNOLDS

No. 1 CA-CR 89-612.

168 Ariz. 580 (1991)

816 P.2d 237

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

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

Review Granted September 24, 1991.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Div., and Jack Roberts, Asst. Atty. Gen., Phoenix, for appellee.

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

OPINION

KLEINSCHMIDT, Judge.

The issue in this case is whether time spent in a drug rehabilitation program as a condition of probation is time spent "in custody" within the meaning of the statute which mandates credit against a sentence of imprisonment for presentence incarceration. We hold that when a defendant is confined in such a program under conditions which the trial court finds are as onerous and as restrictive...

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