State v. Oppido
In State v. Oppido, 207 Ariz. 466, 88 P.3d 180 (App. 2004), the municipal court sentenced the defendant to 30 days in jail for extreme DUI, with 20 days suspended pursuant to A.R.S. 28-1382, which then authorized a court to suspend all but ten days of the sentence. Id. at 467,2, 88 P.3d at 181.
The court authorized the defendant to serve eight of the ten days in home detention. Id.
At that time, however, the home detention provision required a person sentenced for extreme DUI to first serve a minimum of 15 consecutive days in jail before becoming eligible for home detention. 2011 Ariz. Sess. Laws, ch. 341, 2 (1st Reg. Sess.).
Applying the statutory language then in effect, we held the defendant was not eligible for home detention until he had first served 15 consecutive days in jail because suspension of a sentence for extreme DUI as allowed by A.R.S. 28-1382 did not "remove" the 15 days in jail eligibility requirement of the home detention provision. Id. at 468,9-10, 88 P.3d at 182.