From Casetext: Smarter Legal Research

State v. Horrisberger

Court of Appeals of Arizona, Division Two
Oct 5, 1982
133 Ariz. 569 (Ariz. Ct. App. 1982)

Summary

holding the defendant's custody in another state, resulting from an arrest for alleged offenses in that state, was not "pursuant to" the Arizona offense for which he was convicted

Summary of this case from State v. Augustiniak

Opinion

Nos. 2 CA-CR 2400, 2 CA-CR 2562-2PR.

June 9, 1982. Rehearing Denied September 8, 1982. Review Denied October 5, 1982.

Appeal from the Superior Court, Pima County, Cause No. CR-04186, Richard N. Roylston, J.

Robert K. Corbin, Atty. Gen. by Bruce M. Ferg, Tucson, for appellee.

Frederic J. Dardis, Pima County Public Defender by Lawrence H. Fleischman, Tucson, for appellant.


OPINION


Appellant's appeal, which has been consolidated with his Rule 32 petition, challenges the denial of credit for time spent in an out-of-state jail awaiting extradition to Arizona. There is no error.

On November 4, 1980, appellant pled guilty to attempted third-degree burglary. On November 13, appellant was reported missing and a bench warrant issued. On November 18, he was arrested in Ohio for an alleged offense there and the Arizona authorities placed a hold on him. Three days later, he was extradited to Georgia for charges there, where a bond was established. Arizona again placed a hold on him, preventing his release even assuming he could have made the Georgia bond. On April 15, the Georgia charges were dismissed and appellant was transported from Georgia, arriving in Arizona on April 22, 1981. Appellant argues that a period of 155 days, from November 18, 1980, to April 22, 1981, in which appellant remained in out-of-state custody pursuant to an Arizona hold, should be credited against his sentence. On June 2, 1981, he was sentenced to an aggravated term of 1.875 years, with credit for 52 days of presentence incarceration prior to his change of plea. Appellant requested that the trial court grant him credit for his presentence incarceration in Ohio and Georgia, but the court refused, due to the fact that he had absconded.

The trial court did give appellant credit for seven days between April 15 and April 22, 1981, but refused to give any credit for the time the Ohio and Georgia charges were in effect. The Arizona hold was irrelevant to the time in Georgia and Ohio custody. The Arizona hold never came into play because appellant was not able to satisfy the conditions for any other release that had been placed on him. There is no showing, therefore, that his custody was time spent "pursuant to" his Arizona offense under A.R.S. § 13-709(B), and there is no reason to credit him with the time. State v. Mahler, 128 Ariz. 429, 626 P.2d 593 (1981), is inapposite since no local charges were involved in that case and all time in custody out of state was because of the Arizona fugitive warrant.

We have reviewed the entire record before us for fundamental error and have found none. Appellant's petition for post-conviction relief is denied. However, as to the sentence imposed, we note that the sentence should have been for commitment to the custody of the Arizona Department of Corrections for imprisonment. As modified, appellant's sentence is affirmed.

HOWARD, C.J., and BIRDSALL, J., concur.


Summaries of

State v. Horrisberger

Court of Appeals of Arizona, Division Two
Oct 5, 1982
133 Ariz. 569 (Ariz. Ct. App. 1982)

holding the defendant's custody in another state, resulting from an arrest for alleged offenses in that state, was not "pursuant to" the Arizona offense for which he was convicted

Summary of this case from State v. Augustiniak

affirming an award of presentence incarceration credit for the period when the defendant was being held in and transported from another state after the defendant's charges in the other state were dismissed

Summary of this case from State v. Pringle

affirming the denial of presentence incarceration credit for time spent in out-of-state custody pursuant to out-of-state charges

Summary of this case from State v. Pringle

In Horrisberger this court considered whether the defendant was entitled to credit for time spent in custody outside this state even though he was under an Arizona hold at the time.

Summary of this case from State v. McClintic
Case details for

State v. Horrisberger

Case Details

Full title:The STATE of Arizona, Appellee, v. Timothy HORRISBERGER, aka Timothy…

Court:Court of Appeals of Arizona, Division Two

Date published: Oct 5, 1982

Citations

133 Ariz. 569 (Ariz. Ct. App. 1982)
653 P.2d 26

Citing Cases

State v. Pringle

¶11 Here, the Arizona superior court did not give Pringle any credit for the time she was incarcerated in…

State v. Lugo

Defendants are not entitled to presentence-incarceration credit for time they spent in out-of-state custody…