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State v. Ahlers

Court of Appeals of Minnesota

July 22, 2013

State of Minnesota, Respondent,
v.
Bernard David Ahlers, Appellant.

UNPUBLISHED OPINION

Dakota County District Court File No. 19-KX-03-002009

Lori Swanson, Attorney General, St. Paul, Minnesota; and

James C. Backstrom, Dakota County Attorney, Kevin J. Golden, Assistant County Attorney, Hastings, Minnesota (for respondent)

David W. Merchant, Chief Appellate Public Defender, Michael W. Kunkel, Assistant Public Defender, St. Paul, Minnesota (for appellant)

Considered and decided by Ross, Presiding Judge; Chutich, Judge; and Kirk, Judge.

ROSS, Judge

Convicted drug offender Bernard Ahlers challenges the district court's calculation of jail credit toward his sentence, arguing that he is entitled to an additional 245 days' credit for time spent in custody in Minnesota and California. Because Ahlers's time spent in custody in California was not solely related to his Minnesota offense, we affirm in part. But because he is entitled to additional jail credit for time served in Minnesota, we reverse in part and remand for resentencing.

FACTS

Bernard Ahlers pleaded guilty in 2003 to one count of attempted first-degree controlled substance crime (Minn. Stat. §§ 152.021, subd. 2(a), 3(a), 609.17, subds. 1, 4(2) (2002)). The district court sentenced Ahlers to 43-months' imprisonment, stayed, and 10-years' probation. It later granted Ahlers's request to leave Minnesota for California to participate in chemical-dependency treatment. Ahlers's probation was transferred to California under the Interstate Compact for Adult Supervision. See Minn. Stat. § 243.1605 (2012).

In California, Ahlers violated the terms of his probation by failing to return to Minnesota after completing treatment, to remain in contact with probation, and to remain law-abiding. When Ahlers returned to Minnesota in July 2006 and admitted to the violations, the district court originally stated that it was going to revoke his probation, and it scheduled a sentencing hearing. But after the sentencing hearing the district court reinstated the same terms and conditions of probation, adding only that Ahlers must serve 161 days in jail, offset by 161 days' credit for time served.

Ahlers returned to California with the district court's permission. In June 2011, California charged him with four controlled-substance offenses. The California district court set bail at $50, 000. Ahlers did not post bail. On December 7, Ahlers pleaded guilty to one of the offenses and was sentenced to 365 days in jail. The California court released him to undergo chemical-dependency treatment pending an opening in the program. But Ahlers remained in custody until March 2012 when he completed his California sentence and was extradited to Minnesota.

On his return to Minnesota, Ahlers admitted that he violated the terms of his probation. The district court executed his previously stayed 43-month sentence, but Ahlers and the state disputed the amount of jail credit that should apply against the sentence. Ahlers contended that he was entitled to four days for time spent in the Ramsey County Adult Detention Center in 2008, the 161 days ordered in the September 2009 probation-violation order, various periods of time spent in custody in California, and all of the time spent in custody after March 10, 2012, when he became available for extradition to Minnesota. The district court concluded that Ahlers was entitled to 276 days of jail credit—the 161 days ...


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