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State v. Serena

December 30, 2003

STATE OF MINNESOTA, RESPONDENT,
v.
JESUS NMN SERENA, APPELLANT.



Clay County District Court File No. K6-02-509

Considered and decided by Wright, Presiding Judge; Shumaker, Judge; and Crippen, Judge.*fn1

SYLLABUS BY THE COURT

1. Upon execution of an adult sentence, Minn. Stat. § 260B.130, subd. 5 (2000), prohibits jail credit for time served by extended jurisdiction juvenile offenders in a juvenile facility under the juvenile disposition.

2. Application of the jail-credit restriction in Minn. Stat. § 260B.130, subd. 5 (2000), to appellant, whose adult sentence was stayed prior to the amendment's effective date and executed pursuant to a probation violation committed after the effective date of the statutory amendment, does not violate the ex post facto clause because the jail-credit restriction applies to acts committed after the effective date of the amendment.

3. Minnesota Statutes section 260B.130, subdivision 5 (2000), does not violate the equal protection guarantees of the United States and Minnesota constitutions.

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

Affirmed

OPINION

Appealing from the district court's denial of jail credit for time spent in a juvenile correctional facility prior to the execution of his adult sentence of imprisonment, appellant Jesus Serena argues that (1) Minn. Stat. § 260B.130, subd. 5 (2000), does not restrict all jail credit for time spent in juvenile custody as a condition of probation; (2) application of the jail-credit restriction in Minn. Stat. § 260B.130, subd. 5, to appellant, who committed the offense of conviction before the effective date of the statute's jail-credit restriction, violates the constitutional proscription against ex post facto laws; and (3) prohibiting extended jurisdiction juvenile offenders from receiving jail credit for time spent in a juvenile facility violates the equal protection guarantees of the United States and Minnesota constitutions. We affirm.

FACTS

On May 10, 2000, appellant Jesus Serena, who was a juvenile, was convicted of two counts of aiding and abetting second-degree assault, in violation of Minn. Stat. §§ 609.05,.222, subd. 1 (1998). The district court sentenced Serena under the extended jurisdiction juvenile (EJJ) statute, Minn. Stat. § 260B.130 (1998). The district court imposed two consecutive 21-month terms, stayed the execution of both sentences, and placed Serena on probation. As one of several conditions of probation, Serena was ordered to successfully complete the Prepare Program at the Minnesota Correctional Facility at Red Wing (MCF-Red Wing).

While at MCF-Red Wing, Serena pleaded guilty to aiding and abetting first-degree aggravated robbery, in violation of Minn. Stat. §§ 609.05,.245, subd. 1 (1998). Serena committed the robbery on January 26, 1999, prior to entering MCF-Red Wing. The district court imposed a 58-month sentence to run concurrently with the sentences for the assault convictions, stayed the execution of the sentence, and also ordered successful completion of the Prepare Program as one of the conditions of probation.

Serena was released from MCF-Red Wing after 459 days. Shortly thereafter, Serena violated two conditions of his probation by testing positive for a controlled substance and absconding from supervision. As a consequence, the district court revoked Serena's EJJ status but continued the stay of execution of the adult sentences. The district court ordered Serena to serve 30 days in jail as a sanction for the probation violation. After Serena failed to report to jail, the district court revoked Serena's probation and executed the previously stayed sentences.

During the revocation hearing, Serena requested jail credit for time served at MCF-Red Wing. The district court denied Serena's request, stating, "[u]nder the EJJ law, the court has no discretion to give you that time." Serena filed a formal motion for jail credit, ...


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