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State v. Garcia

October 21, 2003

STATE OF MINNESOTA, RESPONDENT,
v.
FRANCISCO GARCIA, APPELLANT.



Clay County District Court File No. J0-99-50486

Considered and decided by Wright, Presiding Judge, Harten, Judge, and Anderson, Judge.

SYLLABUS BY THE COURT

Under Minn. Stat. §á260B.130, subd. 5 (2002), jail credit is not given for time served in juvenile custody resulting from a probation violation committed after 1 August 2000.

The opinion of the court was delivered by: Harten, Judge

Affirmed

OPINION

Appellant, then a juvenile, received a stayed 58-month adult sentence after being designated an Extended Jurisdiction Juvenile (EJJ). After he twice violated probation, the district court executed his adult sentence and refused to give him credit for juvenile custody time spent at the Minnesota Correctional Facility in Red Wing (MCF-Red Wing). Appellant challenges that refusal. We affirm.

FACTS

On 11 June 1999, appellant Francisco Garcia, then 14, was involved in an armed robbery. He was charged with first-degree aggravated robbery and attempted simple robbery. The district court designated appellant EJJ. He pleaded guilty to the first-degree aggravated robbery charge, and the attempted simple robbery charge was dismissed. Appellant was adjudicated delinquent, received a stayed adult sentence of 58 months, and was placed on supervised juvenile probation.

In August 2000, appellant successfully completed a program at the Northwest Minnesota Juvenile Center, as required by the terms of his probation, and returned to his home. Appellant returned to court on a probation violation after being arrested on 12 September 2000 for felony possession of stolen property, felony theft, and obstructing legal process. On 13 October 2000, the district court found that appellant violated probation and ordered him to complete a juvenile corrections program at MCF-Red Wing.

Appellant completed the residential portion of the treatment program in September 2001 and was released to a foster home placement. On 13 March 2002, appellant absconded from his foster home. He was arrested on 7 September 2002, certified as an adult, and charged with second-degree assault. After appellant admitted absconding, the district court again found that he violated his probation and continued the matter until his pending adult charge had been resolved. On 5 March 2003, the district court revoked appellant's EJJ status and executed his stayed 58-month adult sentence. Appellant's counsel requested that appellant be given credit for any time he had served in custody status. The district court granted jail credit for time spent in custody from and after 7 September 2002, when he was arrested, but denied credit for time appellant served at MCF-Red Wing; the court found that EJJ statutory provisions disallow credit for earlier confinements within the juvenile system. This appeal followed.

ISSUE

Does Minn. Stat. ยงรก260B.130, subd. 5 (2002), require jail credit to be given for time served in juvenile custody resulting from a probation ...


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