IN THE COURT OF APPEALS
STATE OF ARIZONA
DIVISION ONE
STATE OF ARIZONA,
Respondent,
v.
ISAAC HASSON,
Petitioner.
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1 CA-CR 07-0219 PRPC
DEPARTMENT B
O P I N I O N
FILED 2-26-08
Petition for Review from the Superior Court
of Yavapai County
Cause No. CR 2006-0303
The Honorable Thomas B. Lindberg, Judge
REVIEW GRANTED; RELIEF DENIED
Shelia Polk, Yavapai County Attorney
Prescott
By Steven A. Young, Deputy County Attorney
Attorneys for Respondent
Abigail Louise Jensen, P.C.
Prescott
By Abigail Louise Jensen
Attorneys for Petitioner
O R O Z C O, Judge
¶1
Petitioner, Isaac Hasson pled guilty to transportation
of methamphetamine for sale. He was sentenced to an aggravated
term of thirteen years. The issue we must decide is whether
Hasson’s sentence is a “flat time” sentence, i.e., whether he must
serve thirteen calendar years before his release, or whether
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Hasson is eligible to earn release credits. For the reasons set
forth below, we hold that Hasson’s sentence is “flat time,” and
therefore he must serve thirteen calendar years.
BACKGROUND
¶2
In exchange for dismissal of four drug related counts
and an allegation that he had four prior felony convictions,
Hasson agreed to plead guilty to one count of transportation of
dangerous drugs for sale (methamphetamine), a violation of Arizona
Revised Statutes (A.R.S.) section 13-3407(A)(7)(Supp. 2007).1 At
the change of plea hearing, the trial court discussed with Hasson
that the sentence imposed would be a “flat time” sentence:
THE COURT: I note that A.R.S. 13-3407(F)
does mandate a [calendar] prison term for this
crime, but also refers to A.R.S. [s]ection 41-
1604.07, the computation of earned release
credits. I guess I would concur with
[counsel] that there is probably an issue to
be resolved there, but for purposes of the
change of plea hearing today, Mr. Hasson, I
need