State v. Weber

• Decision Date: 24 May 1991
• Docket Number: No. C8-91-324,C8-91-324
• Citation: 470 N.W.2d 112
• Parties: STATE of Minnesota, Respondent, v. Bradley R. WEBER, Petitioner.
• Court: Minnesota Supreme Court

Page 112

470 N.W.2d 112

STATE of Minnesota, Respondent, v. Bradley R. WEBER, Petitioner.

No. C8-91-324.

Supreme Court of Minnesota.

May 24, 1991.

Syllabus by the Court

The amount of jail credit a defendant receives against a prison sentence should not turn on matters that are subject to manipulation by the government, on irrelevant considerations or on whether the defendant is indigent and therefore unable to obtain pretrial release from custody.

Susan Maki, Asst. State Public Defender, University of Minnesota, Minneapolis, for petitioner.

Hubert H. Humphrey, III, State Atty. Gen., Paul R. Kempainen, Asst. Atty. Gen., St. Paul, and W. M. Gustafson, County Atty., St. Peter, for respondent.

Considered and decided by the court en banc without oral argument.

COYNE, Justice.

We once again revisit the recurring issue of the amount of jail credit a criminal defendant is entitled to receive against a prison sentence.

In 1986 defendant, Bradley R. Weber, was convicted of a felony and the trial court imposed a sentence of 18 months but stayed execution. While on probation, defendant in 1989 was charged with another felony but was permitted to plead guilty to a reduced gross misdemeanor charge. The trial court imposed a jail sentence of 11 months and 15 days for the gross misdemeanor. The trial court did not revoke defendant's probation in connection with the earlier felony sentence. After defendant was released from jail he violated the conditions of probation in connection with his stayed felony sentence, and in December of 1990 the trial court revoked probation and ordered the 18-month sentence executed. The trial court held that defendant is not entitled to credit against this sentence for either (a) time spent at the Minnesota State Hospital in St. Peter undergoing an evaluation after the charges were filed against him in 1989 or (b) time served in jail for the gross misdemeanor conviction.

Defendant then sought mandamus from the court of appeals in an attempt to compel the trial court to award him the credit. The court of appeals by order granted the writ with respect to the time spent in the security hospital, reasoning that the evaluation was ordered partially in anticipation of a possible revocation of probation in connection with the 1986 offense, but denied the writ with respect to time served in jail for the gross misdemeanor.

We granted defendant's petition for review and now hold that defendant is entitled not just to credit for time spent in the security hospital but also to credit for time served in jail for the gross misdemeanor.

As we have explained in a number of recent cases, in the years following the adoption of the Sentencing Guidelines this court has rethought the general issue of entitlement to jail credit. Last year in State v. Goar, 453 N.W.2d 28, 29 (Minn.1990) we said:

At first we focused on whether the time in jail was served "in connection with" the offense of conviction against which credit was sought. State v. Vaughn, 361 N.W.2d 54, 59 (Minn.1985). Later decisions shifted the focus to insuring that denial of [the] jail credit did not in effect convert a presumptively concurrent sentence into a de facto consecutive sentence and that the total length of time the defendant served did not turn on irrelevancies or on things subject to manipulation by the prosecutor. State v. Hott, 426 N.W.2d 423, 424-25 (Minn.1988).

These more recent credit cases are summarized as follows in State v. Folley, 438 N.W.2d 372, 374-75 (Minn.1989), quoted with approval in Goar, 453 N.W.2d at 29-30:

In the last several years, we have issued a number of decisions in different contexts clarifying when a defendant is entitled to jail credit. We need not discuss those cases in detail here. It is sufficient to say that a number of basic principles are reflected in those decisions, including that, in a case dealing with jail credit against concurrent Guidelines sentences where the State of Minnesota is a party to both charges, the trial court should ensure that the withholding of jail credit does not result in a de facto departure with respect to consecutive service. State v. Dulski, 363 N.W.2d 307 (Minn.1985). We have also held that a defendant who cannot post bail because of indigency should serve the same time that a person in identical circumstances who is able to post bail would serve, State v. Hott, 426 N.W.2d 423 (Minn.1988), and that the total amount of time a defendant is incarcerated should not turn on irrelevant concerns such as whether the defendant pleads guilty or insists on his right to trial. State v. Arden, 424 N.W.2d 293 (Minn.1988); Dulski, 363 N.W.2d 307. Additionally, the total amount of time a defendant is incarcerated should not turn on matters that are subject to manipulation by the prosecutor. Arden, 424 N.W.2d 293; Dulski, 363 N.W.2d 307.

In reaching the conclusion that defendant is entitled to all the credit he seeks, not just that awarded him by the court of appeals, we are influenced in part by our decision in State v. Dulski, 363 N.W.2d 307 (Minn.1985), one of the earlier cases in which this court started to shift its focus. In Dulski the defendant was sentenced in Ramsey County to a year and a day, with execution stayed. While on probation he committed a gross misdemeanor in Carlton County. His attorney, in an effort to have the sentences run concurrently so the defendant would only have to serve a total of a year and a day, tried to get Ramsey County to move to revoke probation. But Ramsey County delayed doing so, and defendant's probation was not revoked until after the 6-month sentence for the gross misdemeanor was imposed. On appeal the issue for this court was whether the defendant should get the credit he sought against both the Ramsey County sentence and the Carlton County sentence. Focusing on the fact that the sentence for the later gross misdemeanor was a concurrent sentence, this court concluded that "[c]...