may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (1996).
STATE OF MINNESOTA
IN COURT OF APPEALS
State of Minnesota,
Charles Edward Minor,
Filed February 3, 1998
File No. K4-96-4605
Jan Peterson, St. Cloud City Attorney, 400 Second Street South, St. Cloud, MN 56301-3699 (for respondent)
John M. Stuart, State Public Defender, Lyonel Norris, Assistant State Public Defender, Suite 600, 2829 University Avenue, Minneapolis, MN 55414 (for appellant)
Considered and decided by Schumacher, Presiding Judge, Crippen, Judge, and Forsberg, Judge.[*]
Appealing from his sentence, appellant challenges the trial court's denial of his claim for 20 days of jail credit for time he served prior to sentencing. We reverse.
After his case was turned over to the city attorney on November 20, 1996, appellant was convicted of issuing worthless checks in violation of Minn. Stat. § 609.535, subds. 2, 2a(a)(1), 2a(b) (1996). He was incarcerated on unrelated charges for 2 days in December 1996 and for 18 days in January 1997. It is undisputed that there was probable cause to charge appellant by the time he was detained in December. Moreover, after appellant moved for relief, the state, which filed no brief to this court, conceded to the trial court that appellant was entitled to credit for the 18 days in January.
The decision to grant jail credit is not discretionary with the trial court. State v. Parr, 414 N.W.2d 776, 778 (Minn. App. 1987), review denied (Minn. Jan. 15, 1988). Minn. R. Crim. P. 27.03, subd. 4(b) and Minn. Sent. Guidelines III.C both require credit for "all time spent in custody." Initially, the focus was on time spent in custody "in connection with" the offense as found in Minn. R. Crim. P. 27.03, subd. 4(b). That gave way to decisions that recognized the risk that jail time credits be taken from a defendant by the prosecutorial choice to delay filing of new charges. See, e.g. State v. Folley, 438 N.W.2d 372, 374-75 (Minn. 1989) (holding that the length of a sentence should not turn on matters such as the charging process that prosecutors can manipulate to destroy jail credit entitlements). The circumstances here are not unlike those in Folley. Accordingly, we reverse the decision denying appellant credit for the 20 days he was incarcerated.
[*] Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.