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State of Minnesota v. Matthew Vincent Serbus

October 3, 2011

STATE OF MINNESOTA, RESPONDENT,
v.
MATTHEW VINCENT SERBUS, APPELLANT.



St. Louis County District Court File No. 69DU-CR-09-4817

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

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010).

Affirmed

Considered and decided by Wright, Presiding Judge; Shumaker, Judge; and Larkin, Judge.

UNPUBLISHED OPINION

WRIGHT, Judge

Appellant challenges the district court's denial of custody credit for time served in Wisconsin on a Wisconsin offense. Because the time appellant served in Wisconsin was not "solely in connection with" the Minnesota offense, we affirm.

FACTS

On January 20, 2009, a homeowner in Proctor, Minnesota discovered a broken window and several items missing from the residence. Police investigators subsequently learned that appellant Matthew Vincent Serbus had pawned some of the stolen items in Duluth on February 5, 2009. The police also learned that a person identifying himself as "C.L." had opened a bank account at Moose Lake Bank. A subsequent analysis of the thumb print that this individual provided to the bank when opening the account indicated that the thumb print belonged to Serbus, not to C.L., whose wallet had been stolen. Between January 20 and January 22, 2009, checks stolen from the Proctor residence and made payable to C.L. were cashed at several Carlton County and Pine County banks. Surveillance tapes from several of the banks showed Serbus cashing checks.

On February 18, 2009, a Proctor police officer interviewed Serbus in Superior, Wisconsin. Serbus initially denied any involvement in the offenses. But when confronted with the evidence gathered by the police, Serbus became upset and stated that he wanted to "work out a deal." Serbus began to serve a 12-month prison sentence in Wisconsin on an unrelated matter on April 20, 2009.

The Proctor police did not refer the case to the St. Louis County Attorney's office for charging until September 25, 2009. Serbus was charged by complaint on October 14, 2009 with one count of receiving stolen property in violation of Minn. Stat. § 609.53, subd. 1 (2008). The complaint indicated that Serbus was scheduled to go to prison in Wisconsin. But the summons was sent to his last known residential address. When he failed to appear in court on the Minnesota charge, a warrant was issued for Serbus's arrest.

Because he was incarcerated in Wisconsin, Serbus did not learn of the charges against him until March 2010. He moved for disposition of the Minnesota case under the Interstate Agreement on Detainers (IAD) on March 25, 2010. Serbus completed his Wisconsin sentence and made his first appearance in Minnesota on April 14, 2010.

Serbus pleaded guilty to the Minnesota offense on June 2, 2010. On August 2, 2010, the district court sentenced Serbus to 21 months' imprisonment, with custody credit for the 112 days between the date of his first appearance in Minnesota and the date of sentencing. The district court denied Serbus's request for additional custody credit of approximately 359 days served between the ...


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