State v. Jackson
| Decision Date | 30 December 1996 |
| Docket Number | No. C4-95-2404,C4-95-2404 |
| Citation | 557 N.W.2d 552 |
| Court | Minnesota Supreme Court |
| Parties | STATE of Minnesota, Respondent, v. Kelvin NMN JACKSON, Appellant. |
IT IS HEREBY ORDERED that the petitions of Kelvin Jackson for further review of the decision of the Court of Appeals filed September 3, 1996 be, and the same are, granted for the limited purpose of making it clear that Jackson is entitled to an extra day of jail credit against his prison sentence. The precise issue is whether he is entitled to receive credit for the first and last day of any noncontinuous period of confinement in jail. We hold that he is entitled to credit for both the first and last day of the period in question.
Petitioner is entitled to 98 rather than 97 days of jail credit.
/s/ Alexander M. Keith
A.M. Keith
Chief Justice
MEMORANDUMMinnesota Statute § 645.15 sets forth the general approach to computing time with respect to filing papers, etc.:
Where the performance or doing of any act, duty, matter, payment, or thing is ordered or directed, and the period of time or duration for the performance or doing thereof is prescribed and fixed by law, the time, except as otherwise provided in sections 645.13 and 645.14, shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on Saturday, Sunday or a legal holiday, that day shall be omitted from the computation.
(Emphasis added). See also Minn.R.Civ.App.P. 126.01. As we noted in Nelson v. Sandkamp, 227 Minn. 177, 179-80, 34 N.W.2d 640, 642 (1948), this computation-of-time provision is expressive only of the general common-law rule and does not abrogate certain common-law exceptions.
Minnesota Rules of Criminal Procedure 27.03, subd. 4(B) provides that when the trial court imposes sentence the trial court:
Shall assure that the record accurately reflects all time spent in custody in connection with the offense or behavioral incident for which sentence is imposed.
That rule further provides:
Such time shall be automatically deducted from the sentence and the term of imprisonment including time spent in custody as a condition of probation from a prior stay of imposition or execution of sentence.
Minnesota Sentencing Guidelines III.C. provides:
Pursuant to Minn.Stat. § 609.145, subd. 2, and Minn.R.Crim.P. 27.03, subd. 4(b), when a convicted felon is committed to the custody of the Commissioner of Corrections the court shall assure that the record accurately reflects all time spent in custody between arrest and sentencing, including examinations under Minn.R.Crim.P. 20 or 27.03, subd. 1(A), for the offense or behavioral incident for which the person is sentenced, which time shall be deducted by the Commissioner of Corrections from the sentence imposed.
In a series of cases interpreting Minn.Stat. § 609.145, Minn.R.Crim.P. 27.03, subd. 4(B), and III.C. of the Sentencing Guidelines, this court has dealt with the issue of jail credit in a number of different contexts, generally trying to ensure that the amount of jail credit the defendant receives does not turn on issues that are subject to manipulation by the prosecutor or on irrelevant matters, such as whether the defendant pleads guilty or insists on a right to jury trial or on whether the defendant is indigent and is unable to post bail. See, e.g., State v. Folley, 438 N.W.2d 372, 374-75 (Minn.1989), (held, for various reasons, defendant was entitled to jail credit against his sentence for first-degree criminal sexual conduct from time of his arrest on driving-related charge, rather than from later date on which he was arrested and formally charged with sex crimes). Interestingly, at common law the rule expressed in section 645.15 applied where the word "from" in a statute refers to the time within which an act is required or permitted to be done, in which case the first day is excluded. On the other hand, an exception is made in the case of a statute or contract where the words "from the date" or "from" a day named are used in connection with a creation of an estate or interest and it is not contrary to the expressed intention of the parties; in such a case, the date named from which the estate or interest is to exist is to be included, and the estate or interest vests on that day. See Budds v. Frey, 104 Minn. 481, 483-86, 117 N.W. 158, 159-60 (1908). As stated in Budds, whether the word "from" shall be construed as inclusive or exclusive depends on the context or subject matter as well as on the expressed intention of the parties. Id. at 484, 117 N.W. at 159.
If a defendant is arrested on June 2 and is given credit "from" June 2, then under the common-law approach, the defendant gets credit for a full day with respect to June 2, even though the defendant may have actually been in jail on June 2 for only a few hours. Similarly, if the defendant is released on July 16, the defendant gets credit for a full day with respect to July 16, even if he is released in the middle of the day. This is because at common law any fraction of a day is...
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