Opinion
No. 1 CA-CR 17-0300
01-30-2018
STATE OF ARIZONA, Appellee, v. PATRICK ROBERT JOHNSON, Appellant.
COUNSEL Arizona Attorney General's Office, Phoenix By Joseph T. Maziarz Counsel for Appellee Maricopa County Public Defender's Office, Phoenix By Jeffrey L. Force Counsel for Appellant
NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
Appeal from the Superior Court in Maricopa County
No. CR 2016-135867-001
The Honorable Gregory Como, Judge
AFFIRMED AS MODIFIED
COUNSEL
Arizona Attorney General's Office, Phoenix
By Joseph T. Maziarz
Counsel for Appellee
Maricopa County Public Defender's Office, Phoenix
By Jeffrey L. Force
Counsel for Appellant
MEMORANDUM DECISION
Judge Jennifer B. Campbell delivered the decision of the Court, in which Presiding Judge Lawrence F. Winthrop and Judge Paul J. McMurdie joined.
CAMPBELL, Judge:
¶1 Johnson appeals from the superior court's calculation and award of 207 days of presentence incarceration credit, arguing he is entitled to four additional days of credit for time spent in custody. For the following reasons, we award Johnson three additional days of credit.
FACTS AND PROCEDURAL BACKGROUND
¶2 In November 2016, Patrick Robert Johnson was indicted for one count of attempt to commit third-degree burglary, a class 5 felony, and one count of criminal trespass in the first degree, a class 1 misdemeanor. In March 2017, a jury found him guilty on both counts. The superior court imposed a five-year sentence for the count of burglary and a concurrent 6-month sentence for the count of criminal trespass, each with 207 days of presentence incarceration credit.
DISCUSSION
¶3 Johnson argues the superior court committed fundamental, prejudicial error by failing to award all of the presentence incarceration credit due. The State agrees, but contends Johnson is entitled to only three additional days of credit rather than the four days Johnson argues are outstanding.
¶4 Johnson was initially arrested and booked into jail on July 28, 2016; he was released the following day, July 29, entitling him to two days of credit. See State v. Carnegie, 174 Ariz. 452, 454 (App. 1993) (a full day of credit is due for the day a defendant is booked into a detention facility, regardless of the time of booking). Johnson was arrested again and booked into the Pinal County jail on September 18, 2016. Johnson was transferred from the Pinal County jail by the Maricopa County Sheriff's Office on September 22, 2016 and remained in custody until the day of his sentencing on April 14, 2017. Johnson is entitled to 208 days of credit for the full period he was in custody from September 18, 2016 to April 14, 2017. See State v. Hamilton, 153 Ariz. 244, 246 (App. 1987) (where the date of sentencing
serves as the first day of the sentence, it does not also count toward presentence credit). The two days Johnson was in custody after his initial arrest must be added to the subsequent 208 days he spent in custody to reach the total amount of presentence incarceration he is due.
¶5 Therefore, Johnson should have received a total of 210 days of credit—three more days than what he was awarded. We modify his sentences accordingly. See State v. Stevens, 173 Ariz. 494, 496 (App. 1992) (modifying sentence to correct presentence incarceration credit (citing Ariz. Rev. Stat. § 13-4037)).
CONCLUSION
¶6 For the foregoing reasons, we affirm Johnson's sentences as modified.