THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24

MEMORANDUM DECISION

WINTHROP, Chief Judge.

¶1 Patrick Wayne Garrett ("Appellant") appeals his sentencing for one felony conviction, arguing only that the trial court erred in failing to award him sufficient presentence incarceration credit. Appellant maintains he should receive credit for one additional day of presentence incarceration, the State confesses error, and we agree.

¶2 A jury convicted Appellant of one count of attempting to commit robbery. See Ariz. Rev. Stat. ("A.R.S.") §§ 13-1001 (West 2012),1 -1902.2 The trial court found Appellant had two historical prior felony convictions and sentenced him to a slightly aggravated (maximum) term of six years' imprisonment in the Arizona Department of Corrections.3 The court also credited Appellant with 199 days of presentence incarceration.

¶3 Appellant filed a timely notice of appeal. We have jurisdiction pursuant to Article 6, Section 9, of the Arizona Constitution and A.R.S. §§ 12-120.21(A)(1), 13-4031, and 13-4033(A).

¶4 Appellant argues the trial court erred by failing to grant him one additional day of presentence incarceration credit. Because Appellant did not raise this objection in the trial court, we review for fundamental, prejudicial error. See State v. Henderson, 210 Ariz. 561, 567-68, ¶¶ 19-20, 115 P.3d 601, 607-08 (2005); State v. Payne, 223 Ariz. 555, 560, ¶ 13, 225 P.3d 1131, 1136 (App. 2009). A trial court's failure to grant a defendant full credit for presentence incarceration constitutes such error. See State v. Ritch, 160 Ariz. 495, 498, 774 P.2d 234, 237 (App. 1989).

¶5 Under A.R.S. § 13-712(B), "[a]ll time actually spent in custody pursuant to an offense until the prisoner is sentenced to imprisonment . . . shall be credited against the term of imprisonment." Custody commences "when a defendant is booked into a detention facility," State v. Carnegie, 174 Ariz. 452, 453-54, 850 P.2d 690, 691-92 (App. 1993), but does not include the date sentence is imposed. State v. Hamilton, 153 Ariz. 244, 245-46, 735 P.2d 854, 855-56 (App. 1987).

¶6 The record indicates that Appellant was incarcerated for the current offense on April 1, 2011, and he remained in custody until his sentencing on October 18, 2011. The period from April 1, 2011, through October 17, 2011 (the day before sentencing) includes 200 days. Therefore, Appellant is entitled to 200 days of presentence incarceration credit, and the trial court committed fundamental error by only crediting him with 199 days of presentence incarceration. See Ritch, 160 Ariz. at 498, 774 P.2d at 237. Pursuant to A.R.S. § 13-4037, we modify Appellant's sentence to reflect one additional day of presentence incarceration credit, or a total of 200 days' presentence incarceration credit. In addition, we modify the court's sentencing minute entry as noted herein.

PATRICIA A. OROZCO, Judge, MAURICE PORTLEY, Judge, concurring.