Cited by
Opinions in Arizona that cite State v. McClure, 938 P.2d 104.
- State v. Jimenez Ariz. Ct. App. Div. 1 2025
- State v. Jimenez Ariz. Ct. App. Div. 1 2025
- State v. Cline Ariz. Ct. App. Div. 1 2023
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State v. Cline
Ariz. Ct. App. Div. 1 2023
A defendant sentenced to consecutive sentences has a right to credit on just one sentence, “even if the defendant was in custody pursuant to all of the underlying charges prior to trial.”
- State v. Wan Wagoner Ariz. Ct. App. Div. 1 2023
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State v. Wan Wagoner
Ariz. Ct. App. Div. 1 2023
But “[w]hen consecutive sentences are imposed, a defendant is not entitled to presentence incarceration credit on more than one of those sentences[.]”
- State v. Meraz Ariz. Ct. App. Div. 1 2022
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State v. Meraz
Ariz. Ct. App. Div. 1 2022
(A defendant is not entitled to a “double credit windfall” by receiving presentence incarceration credit for a sentence to be served consecutively to an ongoing sentence.).
- State v. Dazen Ariz. Ct. App. Div. 1 2022
- State v. Dazen Ariz. Ct. App. Div. 1 2022
- State v. Estell Ariz. Ct. App. Div. 1 2022
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State v. Estell
Ariz. Ct. App. Div. 1 2022
¶12 barred him from receiving credit toward a consecutive sentence and therefore implies he must have received a concurrent one.
- State v. Blomdahl Ariz. Ct. App. Div. 1 2021
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State v. Blomdahl
Ariz. Ct. App. Div. 1 2021
(“When consecutive sentences are imposed, a defendant is not entitled to presentence incarceration credit on more than one of those sentences, even if the defendant was in custody pursuant to all of the underlying charges prior to trial.”).
- State v. Dixon Ariz. Ct. App. Div. 1 2020
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State v. Dixon
Ariz. Ct. App. Div. 1 2020
A defendant sentenced to consecutive sentences “is not entitled to presentence incarceration credit on more than one of those sentences, even if the defendant was in custody pursuant to all of the underlying charges prior to trial.”
- State v. Garcia Ariz. Ct. App. Div. 1 2019
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State v. Garcia
Ariz. Ct. App. Div. 1 2019
(citing United States v. VonWillie, 59 F.3d 922, 930 (1995)).
- State v. Keddy Ariz. Ct. App. Div. 1 2018
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State v. Keddy
Ariz. Ct. App. Div. 1 2018
(holding that pre-sentence incarceration prior to placement on probation only applied to one of consecutive terms of prison); (holding that crediting pre-sentence incarceration on a revocation of probation for time served prior to revocation not mandated); ("When consecutive sentences are imposed, a defendant is not entitled to presentence incarceration credit on more than one of those sentences, even if the defendant was in custody pursuant to all of the underlying charges prior to trial.").
- State v. Beard Ariz. Ct. App. Div. 1 2017
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State v. Beard
Ariz. Ct. App. Div. 1 2017
4 STATE V. BEARD Decision of the Court ¶10 A defendant sentenced to consecutive sentences is entitled to presentence incarceration credit on just one sentence, “even if the defendant is in custody pursuant to all of the underlying charges prior to trial.”
- State v. Hairston Ariz. Ct. App. Div. 1 2017
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State v. Hairston
Ariz. Ct. App. Div. 1 2017
The superior court found the claim was precluded because it could have been raised on direct appeal, and found that even if not precluded, Hairston was not entitled to “double credit for presentence incarceration in consecutive sentences,”
- State v. Webb Ariz. Ct. App. Div. 1 2017
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State v. Webb
Ariz. Ct. App. Div. 1 2017
(noting that when consecutive sentences are imposed, a defendant is not entitled to presentence incarceration credit on more than one of those sentences); see also A.R.S.
- State v. Mammoth Ariz. Ct. App. Div. 1 2017
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State v. Mammoth
Ariz. Ct. App. Div. 1 2017
The court found that Mamoth was not entitled to “double credit” P.2d 104 (App. 1997); P.2d 160 (App. 1988); P.2d 825 (App. 1992).
- State v. Cunningham Ariz. Ct. App. Div. 1 2017
- State v. Fahr Ariz. Ct. App. Div. 1 2017
- State v. Fahr Ariz. Ct. App. Div. 1 2017
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State v. Cunningham
Ariz. Ct. App. Div. 1 2017
“When consecutive sentences are imposed, a defendant is not entitled to presentence incarceration credit on more than one of those sentences, even if the defendant was in custody pursuant to all of the underlying charges prior to trial.” (citation omitted).
- State v. Flores Ariz. Ct. App. Div. 1 2017
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State v. Flores
Ariz. Ct. App. Div. 1 2017
2 “When consecutive sentences are imposed, a defendant is not entitled to presentence incarceration credit on more than one of those sentences, even if the defendant was in custody pursuant to all of the underlying charges prior to trial.”
- State v. Vallejo Ariz. Ct. App. Div. 1 2016
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State v. Vallejo
Ariz. Ct. App. Div. 1 2016
Although a defendant is generally not awarded presentence incarceration credit for a consecutive sentence when the time spent in custody was for multiple crimes that lead to a mix of consecutive and concurrent sentences, here Vallejo was in custody for 173 days prior to committing the 2014 offenses (and his sentences for the 2014 convictions do not include credit for these 173 days).3 Accordingly, his time in custody before committing the 2014 offenses should be credited against the time to be s
- State v. Kummer Ariz. Ct. App. Div. 1 2015
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State v. Kummer
Ariz. Ct. App. Div. 1 2015
“When consecutive sentences are imposed, a defendant is not entitled to presentence incarceration credit on more than one of those sentences.” ( ).
- State v. Mitchell Ariz. Ct. App. Div. 1 2014
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State v. Mitchell
Ariz. Ct. App. Div. 1 2014
(“When consecutive sentences are imposed, a defendant is not entitled to presentence incarceration credit on more than one of those sentences .