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State v. Clements6/29/1989
as previously determined, however, that presentence credit is only discretionary, not obligatory, when
a defendant is imprisoned as a condition of probation. State v. Brodie, 127 Ariz. 150, 618 P.2d 644 (App.1980). We recognize that this holding of Brodie has been criticized. See Note, Pre-sentence Jail Credit and Probationary Jail Time, 22 Ariz.L.Rev. 1099, 1103 (1980). However, we decline to reexamine Brodie at this time. The limited issue before us is not whether presentence credit is mandatory in cases such as this, but whether it is precluded by § 28-692.01(F). We confine ourselves to the latter issue and hold that § 28-692.01(F) preserves the trial court's authority, when ordering a six month prison term for a probationary defendant, to credit time spent in presentence custody.
III. CONCLUSION
The trial court had discretion to credit defendant with 96 days of presentence incarceration. The record indicates that the court denied defendant credit only because of its erroneous conclusion that the felony-DWI statute precluded such credit. Although the trial court's order denying credit is now moot because defendant has completed his prison term, we vacate the order in accordance with this opinion.
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