State v. Ritch, 774 P.2d 234 (Ariz. Ct. App. 1989). · Go Syfert
State v. Ritch, 774 P.2d 234 (Ariz. Ct. App. 1989). Cases Citing This Book View Copy Cite
“the statute is mandatory, and the sentencing court has no discretion in the matter.”
55 citation events (43 in the last 25 years) across 2 distinct courts.
Strongest positive: State of Arizona v. Kevin Dunbar (ariz, 2024-06-18)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 26 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State of Arizona v. Kevin Dunbar
Ariz. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
person's liberty is at stake in a sentencing procedure . . . .
discussed Cited as authority (verbatim quote) State v. Price (2×) also: Cited as authority (rule)
Ariz. Ct. App. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the statute is mandatory, and the sentencing court has no discretion in the matter.
cited Cited as authority (rule) State v. Thomas
Ariz. Ct. App. · 2026 · confidence medium
State v. Ritch, 160 Ariz. 495, 498 (App. 1989).
discussed Cited as authority (rule) State v. Fullen
Ariz. Ct. App. · 2025 · confidence medium
State v. Ritch, 160 Ariz. 495, 498 (App. 1989). ¶22 The superior court awarded Fullen 876 days of presentence incarceration credit, apparently based on the date originally scheduled for sentencing, April 10, 2023.
discussed Cited as authority (rule) State v. Williams (2×) also: Cited "see, e.g."
Ariz. Ct. App. · 2025 · confidence medium
The record contains substantial evidence supporting the verdicts. ¶6 Williams has a right to presentence incarceration credit for his prison sentences, A.R.S. § 13-712(B), and if he was not properly credited with that time, this court can correct that credit on appeal, see State v. Ritch, 160 Ariz. 495, 499 (App. 1989).
discussed Cited as authority (rule) State v. McNew
Ariz. Ct. App. · 2023 · confidence medium
State v. Cofield, 210 Ariz. 84 , 86 ¶ 10 (App. 2005) (citing State v. Ritch, 160 Ariz. 495, 498 (App. 1989)). ¶8 The record shows that McNew was arrested on December 10, 2020 and remained in custody until sentencing on May 16, 2022.
discussed Cited as authority (rule) State v. Martinez-Tapia
Ariz. Ct. App. · 2022 · confidence medium
State v. Cofield, 210 Ariz. 84 , 86 ¶ 10 (App. 2005) citing State v. Ritch, 160 Ariz. 495, 498 (App. 1989). ¶12 The record shows Martinez-Tapia was arrested and taken into custody regarding this matter first on August 31, 2017, though he was also released that same day.
cited Cited as authority (rule) State v. Wade
Ariz. Ct. App. · 2021 · confidence medium
State v. Ritch, 160 Ariz. 495, 498 (App. 1989). ¶8 Wade was booked and released on May 2, 2018, which amounts to one day of presentence incarceration credit.
cited Cited as authority (rule) State v. Mendivil
Ariz. Ct. App. · 2020 · confidence medium
State v. Ritch, 160 Ariz. 495, 498 (App. 1989). ¶6 Mendivil was booked and released on June 16, 2018, which amounts to one day of presentence incarceration.
discussed Cited as authority (rule) State v. Tran
Ariz. Ct. App. · 2019 · confidence medium
The defendant bears the burden of proving entitlement to presentence incarceration credit, State v. Cecena, 235 Ariz. 623, 625, ¶ 10 (App. 2014), and may raise the issue of insufficient credit “at any time,” State v. Ritch, 160 Ariz. 495, 498 (App. 1989). ¶7 In closing briefs submitted after the evidentiary hearing, Tran argued he was entitled to 172 days’ credit, and the State argued for 140 days’ credit.
cited Cited as authority (rule) State v. Valenzuela
Ariz. Ct. App. · 2019 · confidence medium
State v. Ritch, 160 Ariz. 495, 498 (App. 1989).
discussed Cited as authority (rule) State v. Griego
Ariz. Ct. App. · 2017 · confidence medium
When a trial court imposes concurrent terms of imprisonment, the defendant is entitled to presentence incarceration credit on each count, see State v. Cruz- Mata, 138 Ariz. 370, 375 (1983), and the failure to give full credit constitutes fundamental error, State v. Cofield, 210 Ariz. 84, 86, ¶ 10 (App. 2005) (quoting State v. Ritch, 160 Ariz. 495, 498 (App. 1989)). ¶31 At sentencing, Griego received 867 days’ credit only as to Count 1.
cited Cited as authority (rule) State v. Mendoza-Saravia
Ariz. Ct. App. · 2016 · confidence medium
State v. 7 STATE v. MENDOZA-SARAVIA Decision of the Court Ritch, 160 Ariz. 495, 448 (App. 1989).
cited Cited as authority (rule) State v. Walker
Ariz. Ct. App. · 2016 · confidence medium
State v. Ritch, 160 Ariz. 495, 498 (App. 1989).
discussed Cited as authority (rule) State v. Medrano
Ariz. Ct. App. · 2015 · confidence medium
State v. Ritch, 160 Ariz. 495, 498 (App. 1989). 4 STATE v. MEDRANO Decision of the Court CONCLUSION ¶12 Because the record is unclear as to whether Defendant received proper presentence incarceration credit, we vacate the court’s award and remand for resentencing on this issue.
discussed Cited as authority (rule) State v. Gonzalez
Ariz. Ct. App. · 2015 · confidence medium
A trial court’s failure to credit a defendant with the appropriate length of presentence custody constitutes fundamental error, State v. Ritch, 160 Ariz. 495, 498 , 774 P.2d 234, 237 (App. 1989), and this Court reviews de novo a grant of presentence incarceration credit, see State v. Bomar, 199 Ariz. 472 , 475 ¶ 5, 19 P.3d 613 , 616 (App. 2001). ¶7 Under A.R.S. § 13–712(B), a defendant is entitled to credit for all time that is “actually spent in custody.” For the purposes of that statute, a defendant is in custody beginning at the time of “actual incarceration in a prison or jail…
discussed Cited as authority (rule) State v. Navarrete
Ariz. Ct. App. · 2015 · confidence medium
He did not begin serving a term of incarceration imposed at sentencing on that date. 3 STATE v. NAVARRETE Decision of the Court CONCLUSION ¶9 For the reasons stated, we modify Navarrete’s sentence to reflect entitlement to 590 days of presentence incarceration credit, see State v. Ritch, 160 Ariz. 495, 499 , 774 P.2d 234, 238 (App. 1989), and affirm his sentence as modified. :ama 4
discussed Cited as authority (rule) State v. Gallentine
Ariz. Ct. App. · 2015 · confidence medium
A trial court’s failure to credit a defendant with the appropriate length of presentence custody constitutes fundamental error, State v. Ritch, 160 Ariz. 495, 498 , 774 P.2d 234, 237 (App. 1989), and this court reviews de novo a grant of presentence incarceration credit, see State v. Bomar, 199 Ariz. 472 , 475, ¶ 5, 19 P.3d 613 , 616 (App. 2001). ¶5 Under A.R.S. § 13-712(B), a criminal defendant is entitled to credit for all time that is “actually spent in custody.” This court has explained that, for the purposes of that statute, a defendant is in custody beginning at the time of “a…
discussed Cited as authority (rule) State v. Velasco
Ariz. Ct. App. · 2014 · confidence medium
State v. Ritch, 160 Ariz. 495, 498 , 774 P.2d 234, 237 (App. 1989). ¶2 For the reasons stated, we affirm Velasco's convictions and sentences, but modify the judgment to reflect a total of 343 days of presentence incarceration credit on each count.
cited Cited as authority (rule) State v. Campos
Ariz. Ct. App. · 2014 · confidence medium
State v. Ritch, 160 Ariz. 495, 498 , 774 P.2d 234, 237 (App. 1989).
discussed Cited as authority (rule) State of Arizona v. Cooperman
Ariz. Ct. App. · 2012 · confidence medium
We “will not read into a statute something which is not within the manifest intent of the legislature as reflected by the statute itself.” State v. Ritch, 160 Ariz. 495, 497 , 774 P.2d 234, 236 (App.1989). ¶ 17 We find the language of § 28-1381(G) clear and unambiguous.
discussed Cited as authority (rule) State v. Cofield
Ariz. Ct. App. · 2005 · confidence medium
We have previously stated that a trial court’s failure to grant a defendant full credit for presentence incarceration “clearly constituted fundamental error.” State v. Ritch, 160 Ariz. 495, 498 , 774 P.2d 234, 237 (App.1989).
discussed Cited as authority (rule) State v. Reynolds
Ariz. · 1992 · confidence medium
Arizona court decisions have consistently interpreted the “in custody” requirement of this statute to mean actual or constructive control of prison or jail authorities. 2 See State v. Ritch, 160 Ariz. 495, 497 , 774 P.2d 234, 236 (App.1989) (holding that a defendant is entitled to credit only when in actual or constructive control of jail or prison officials and that a central conceptual difference exists between incarceration and structured rehabilitation and treatment); State v. Vasquez, 153 Ariz. 320, 321 , 736 P.2d 803, 804 (App.1987) (holding that a defendant is entitled to credit onl…
cited Cited "see" State v. Cox
Ariz. Ct. App. · 2017 · signal: see · confidence high
See State v. Ritch, 160 Ariz. 495, 499 (App. 1989).
discussed Cited "see" State v. Galaviz (2×)
Ariz. Ct. App. · 2015 · signal: see · confidence high
See State v. Ritch, 160 Ariz. 495, 498 , 774 P.2d 234, 237 (App. 1989).
discussed Cited "see" State v. Brain (2×)
Ariz. Ct. App. · 2014 · signal: see · confidence high
See State v. Ritch, 160 Ariz. 495, 498-99 , 774 P.2d 234, 237-38 (App. 1989) (holding that a trial court’s failure to award the correct amount of credit for presentence incarceration towards a defendant’s sentence constitutes fundamental error pursuant to A.R.S. § 13-712.B, entitling a defendant to “all time actually spent in custody pursuant to an offense until the prisoner is sentenced to imprisonment” and correcting such an error.); see also State v. Stevens, 173 Ariz. 494, 496 , 844 P.2d 661, 663 (App. 1992) (modifying sentence to grant defendant correct credit for pre-sentence in…
Retrieving the full opinion text from the archive…
STATE of Arizona, Appellee,
v.
Scott Allan RITCH, Appellant
1 CA-CR 88-695.
Court of Appeals of Arizona.
May 9, 1989.
774 P.2d 234
Robert K. Corbin, Atty. Gen. by Jessica G. Funkhouser, Chief Counsel, Crim. Div., and Jack Roberts, Asst. Atty. Gen., Phoenix, for appellee., Dean W. Trebesch, Maricopa County Public Defender by James L. Edgar, Deputy Public Defender, Phoenix, for appellant.
Brooks, Claborne, Jacobson.
Cited by 29 opinions  |  Published

OPINION

CLABORNE, Judge.

This appeal presents an issue of first impression in this state. The issue is whether all presentence time spent in custody by a juvenile, later adjudicated as an adult, should be credited toward the sentence imposed.

FACTS

On August 12, 1987, at approximately 4:00 a.m., the appellant, without permission, entered the apartment of the victim, threatened her with a knife, and later fled when the victim’s daughter entered the room. The appellant was sixteen years old at the time of the offense. He was arrested twelve days later and held in custody by the juvenile authorities until he was ordered transferred to the superior court (the trial court termed it “remanded”) on December 15, 1987. The Maricopa County Grand Jury returned an indictment against the appellant on December 22, 1987.

Appellant Ritch was charged with burglary in the first degree, a class 2 felony, pursuant to A.R.S. § 13-1508, and aggravated assault, a class 3 felony, pursuant to A.R.S. § 13-1204. The state alleged the dangerous nature of the offenses because appellant was using a weapon at the time the crimes were committed. On April 19, 1988, appellant entered into a plea agreement with the state whereby he pleaded guilty to aggravated assault, pursuant to State v. Alford, 98 Ariz. 124, 402 P.2d 551 (1965), cert. denied, 382 U.S. 1020, 86 S.Ct. 625, 15 L.Ed.2d 535 (1966). In return, the burglary charge and allegation of dangerousness were dismissed.

After a presentence hearing, the trial court, on June 2, 1988, imposed the presumptive term of five years in the Arizona Department of Corrections, granting appellant credit for 169 days of presentence incarceration from the date of the transfer (remand) order. The record indicates appellant had been in custody attributable to the charge to which he pleaded since his arrest on August 24, 1987, for a total of 281 days.

[*497] This appeal does not challenge the validity of appellant’s guilty plea. The sole issue on appeal is whether the trial court erred in failing to grant appellant credit for all the time he spent in custody prior to imposition of sentence.

For the reasons set forth below, we modify the trial court’s calculation of appellant’s presentence incarceration credit.

STATUTORY INTERPRETATION OF A.R.S. § 13-709

Resolution of this issue is governed by A.R.S. § 13-709. * The statute provides, in pertinent part:

B. All time actually spent in custody pursuant to an offense until the prisoner is sentenced to imprisonment for such offense shall be credited against the term of imprisonment otherwise provided for by this chapter.

A.R.S. § 13-709(B) (1978). The statute is mandatory, and the sentencing court has no discretion in the matter. State v. Williams, 128 Ariz. 415, 626 P.2d 145 (App. 1981). A.R.S. § 13-709(B) makes no exception for juvenile offenders. Courts will not read into a statute something which is not within the manifest intent of the legislature as reflected by the statute itself. State ex rel. Smith v. Bohannan, 101 Ariz. 520, 421 P.2d 877, appeal dismissed, 389 U.S. 1, 88 S.Ct. 55, 19 L.Ed.2d 1 (1967). We will not by implication or construction make such an exception when the statute has not. Greenlee County v. Laine, 20 Ariz. 296, 180 P. 151 (1919).

The state argues the legislature did not intend A.R.S. § 13-709(B) to apply to those periods when an offender’s classification is unsettled. Accordingly, the state maintains appellant is entitled to only 169 days of presentence incarceration credit because time in “custody” commenced when he was transferred for prosecution as an adult on December 15, 1987.

The rationale for A.R.S. § 13-709(B) can be found in State v. Warde, 116 Ariz. 598, 570 P.2d 766 (1977):

[A] defendant, as a matter of equal protection, must be credited with presentence jail time when such time, if added to the maximum sentence imposed, will exceed the maximum statutory sentence.

Id. at 600-01, 570 P.2d 768-69. The purpose of subsection (B) is to provide that each day of presentence custody, like each day of postsentence custody, be credited toward the term of imprisonment. State v. Lopez, 153 Ariz. 285, 285, 736 P.2d 369, 369 (1987); State v. Hamilton, 153 Ariz. 244, 245, 735 P.2d 854, 855 (App.1987).

Appellant was initially held in custody at Adobe Mountain, an Arizona Juvenile Correction Institution. In determining whether time in a particular facility is required to be included as jail credit pursuant to A.R.S. § 13-709, the key question is whether the person is in custody. State v. Vasquez, 153 Ariz. 320, 321, 736 P.2d 803, 804 (App. 1987). Resolution of this issue varies among the states, because incarceration credit is governed by statute. Id.

[Interpretation of those statutes requires credit only for periods in which a defendant is in actual or constructive control of jail or prison officials____ Therefore, when a defendant remains within the control of jail or prison officials, credit must be given against his sentence for that time.

Id. (citations omitted).

Clearly, a central conceptual difference exists between incarceration and structured rehabilitation and treatment. See, e.g., Pennington v. State, 398 So.2d 815 (Fla.1981). The record and the appellate briefs indicate that the juvenile was held in custody until the transfer hearing and order of transfer (Rules 13 and 14, Rules of Procedure for the Juvenile Court) on the same charges for which he was later indicted. There is no record that the juvenile received structured rehabilitation or treatment while in the custody of juvenile au[*498] thorities. Clearly, appellant’s presentence confinement was a precursor to his sentence to the Arizona Department of Corrections.

JUVENILE OFFENDERS AND CONSTITUTIONAL CONSIDERATIONS

The Supreme Court has held that because juvenile proceedings are quasi-criminal in nature, all constitutional due process guarantees afforded to criminal defendants are extended to juveniles. In re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967). See also Hospital Corp. of America v. Superior Court, 157 Ariz. 210, 214, 755 P.2d 1198, 1202 (App.1988). To deprive the appellant of the presentence custodial credit while he was in a juvenile facility affects his right to due process and equal protection under the fifth and fourteenth amendments. U.S. Const.Amends. V, XIV.

The due process clause applies when government action deprives a person of liberty or property. Banks v. Ariz. State Bd. of Pardons & Paroles, 129 Ariz. 199, 629 P.2d 1035 (App.1981). Because a person’s liberty is at stake in a sentencing procedure, it obviously involves the deprivation of due process if the procedure is improper. Therefore, the sentencing process, as well as the trial itself, must satisfy the requirements of due process. See State v. Watson, 120 Ariz. 441, 586 P.2d 1253, cert. denied, 440 U.S. 924, 99 S.Ct. 1254, 59 L.Ed.2d 478 (1979). Should appellant fail to receive credit for all time served, as required under A.R.S. § 13-709, he will be denied his liberty for the period of time commencing with his arrest and continuing through the date he was remanded for prosecution as an adult.

Gault generally requires that juveniles be afforded the same protections as adults similarly situated. Cf. In re Appeal in Pinal County Juv. Action No. J-985, 155 Ariz. 249, 250, 745 P.2d 996, 997 (App. 1987). Adults convicted in the criminal courts and sentenced to prison and juveniles prosecuted and convicted as adults in the criminal courts and then sentenced to prison are similarly situated for purposes of equal protection challenges to sentencing schemes. See People v. Olivas, 17 Cal.3d 236, 242-43, 131 Cal.Rptr. 55, 59, 551 P.2d 375, 379 (1976). Therefore, persons originally confined as juveniles but subsequently tried as adults should be provided the same consideration as persons originally arrested as adults. People v. Twine, 135 Cal.App.3d 59, 64, 185 Cal.Rptr. 85, 87 (1982). See also People v. Garcia, 195 Cal.App.3d 191, 240 Cal.Rptr. 703 (1987); People v. Saldivar, 154 Cal.App.3d 111, 201 Cal.Rptr. 60 (1984); People v. Duran, 147 Cal.App.3d 1186, 195 Cal.Rptr. 724 (1983); People v. Mobley, 139 Cal.App.3d 320, 188 Cal.Rptr. 583 (1983). Juveniles who are subsequently committed to a juvenile facility, however, may not be entitled to credit for pre-adjudication custody. In re Eric J., 25 Cal.3d 522, 159 Cal.Rptr. 317, 321, 601 P.2d 549, 553 (1979). Credit must be given to appellant because he was convicted and sentenced as an adult. This state’s purpose of punishment is identical for both groups. If appellant is not credited for his entire period of presentence confinement, he will end up serving more total time in custody than a defendant sentenced to state prison who either was not detained pretrial, or a defendant in custody whose status was as an adult since arrest.

LACK OF OBJECTION BY DEFENSE COUNSEL

Finally, the state raises the issue that defense counsel did not object to the trial court’s refusal to credit appellant with the additional 112 days. We find this argument lacks merit. The trial court’s failure to grant appellant full credit for presentence incarceration clearly constituted fundamental error. Fundamental error may be raised at any time. See Rule 103(d), Arizona Rules of Evidence.

Since appellant was in custody from the date of his arrest on August 24, 1987, until the date of sentencing, June 2, 1988, the[*499] trial court erred in failing to grant him full credit for his presentence incarceration time. Accordingly, we find appellant is entitled to 281 days of presentence credit. By authority of A.R.S. § 13-4037, the trial court’s sentence is modified to reflect that the appellant is granted 281 days of presentence incarceration credit rather than the 169 days originally ordered.

JACOBSON, P.J., and BROOKS, J., concur.
*

We note that A.R.S. §§ 13-605(D), 606(B), and 903(F) also mandate that a defendant be given credit for time spent in custody.