State v. Gourdin

In State v. Gourdin, 156 Ariz. 337, 339, 751 P.2d 997, 999 (App. 1988), the defendant and state had entered a plea agreement providing for a stipulated, ten-year prison term to be served concurrently with Gourdin's prison term for a federal parole violation. Gourdin, 156 Ariz. at 339, 751 P.2d at 999. The parties also had agreed, and the trial court ordered, that Gourdin would be credited with 305 days of incarceration already served on the federal parole revocation. Id. The Court concluded this credit for time served for a federal offense violated Arizona law, but we agreed with the state that, "although a misunderstanding occurred, we can modify the sentence to give appellant exactly what he bargained for without prejudice to him and without any necessity for withdrawal of the plea." Id. The Court then modified the sentence to an 8.75-year term to reach that result. Id. at 339-40, 751 P.2d at 999-1000.