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State v. Hadgu

June 15, 2004

STATE OF MINNESOTA, RESPONDENT (A03-739), APPELLANT (A03-1002),
v.
HENOK HADGU, APPELLANT (A03-739), RESPONDENT (A03-1002).



Polk County District Court. File No. K5-02-45.

Considered and decided by Lansing , Presiding Judge, Toussaint, Chief Judge, and Crippen , Judge.

SYLLABUS BY THE COURT

A defendant is entitled to jail credit for the time spent in the custody of the United States Immigration and Naturalization Service when the defendant has posted bail, the INS held the defendant after the state court conviction and before sentencing, and the hold was in connection with the local offense.

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

Affirmed Crippen, Judge*fn1

OPINION

This proceeding is a consolidation of appeals by both parties regarding Henok Hadgu's fifth-degree controlled substance conviction, for which the imposition of his sentence was stayed for up to five years on conditions that included serving 90 days local incarceration. The primary issue in these appeals arises out of the state's argument that the trial court erred in granting Hadgu credit for the time he spent in the custody of the United States Immigration and Naturalization Service (INS). Because we conclude that Hadgu was entitled to credit for the time he spent in the custody of the INS, we affirm. We also affirm on issues Hadgu raises, because the trial court did not abuse its discretion in admitting the evidence found in his room at the time of his arrest and because the evidence is sufficient to allow the jury to reach its verdict.

FACTS

In January 2003 a jury found Henok Hadgu guilty of a fifth-degree controlled substance crime. Before sentencing, Hadgu posted bail and thereafter the INS took him into custody and placed him in a jail in Sherburne County, where he was held from January 29 through February 11, 2003. On March 18, 2003, the trial court stayed imposition of Hadgu's sentence and ordered him to serve 90 days. Shortly thereafter, Hadgu sent the trial court a letter asking for jail credit for the time spent in INS custody. After first denying the request, the trial court granted jail credit when the motion was renewed by Hadgu's public defender. Hadgu challenges the judgment of conviction, and this appeal was consolidated with the state's appeal from the order granting Hadgu jail credit for the time he spent in INS custody.

ISSUES

1. Is Hadgu entitled to jail credit for the time spent in INS custody?

2. Did the trial court err in admitting evidence discovered at the time Hadgu was arrested?

3. Did the jury err in convicting Hadgu without ...


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