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State v. Roy

Supreme Court of Minnesota

May 22, 2019

State of Minnesota, Respondent,
v.
Misty Kay Roy, Appellant.

         Court of Appeals Office of Appellate Courts

          Keith Ellison, Attorney General, Saint Paul, Minnesota; and David L. Hanson, Beltrami County Attorney, David P. Frank, Chief Assistant County Attorney, Bemidji, Minnesota, for respondent.

          Cathryn Middlebrook, Chief Appellate Public Defender, John Donovan, Assistant Public Defender, Saint Paul, Minnesota, for appellant.

         SYLLABUS

         A criminal defendant is not entitled to custody credit for time spent in the custody of the Red Lake Nation unless that custody was solely in connection with a Minnesota offense.

          OPINION

          HUDSON, JUSTICE

         This case involves the issue of whether a defendant can receive custody credit against her Minnesota sentence for time spent in the custody of the Red Lake Nation. Appellant Misty Kay Roy was convicted of third-degree controlled-substance crime in 2011 in Beltrami County District Court. The district court stayed imposition of her sentence and placed her on probation. In 2017, while she was still on probation for her Minnesota offense, Roy was convicted of two gross misdemeanors in Red Lake Tribal Court. She served her sentence in the Red Lake Detention Center and was released directly to Beltrami County, because the district court had revoked her stay. Roy asked the district court to grant her credit for her incarceration time in the Red Lake Detention Center against her district court sentence for third-degree controlled-substance crime. The district court held that Roy was not entitled to custody credit for time served in Red Lake, and the court of appeals affirmed. We hold that Roy is not entitled to custody credit against her Minnesota sentence for the time she spent in Red Lake custody, because her Minnesota conviction was not the sole reason for her Red Lake custody. Accordingly, we affirm.

         FACTS

         In 2011, Roy was charged with third-degree controlled-substance crime, Minn. Stat. § 152.023, subd. 1 (2018), in Beltrami County District Court after she sold Oxycodone to a confidential informant. Roy pleaded guilty, and the district court convicted her of third-degree controlled-substance crime. The district court stayed imposition of sentence and placed Roy on probation for 20 years.

         The Red Lake Band of Chippewa Indians is a federally recognized Indian tribe with a reservation within Minnesota. On July 15, 2017, Roy was charged in Red Lake Tribal Court with committing two gross misdemeanors while on the Red Lake Reservation. Roy was convicted of both counts and released pending sentencing. On September 14, 2017, Roy's corrections agent filed a probation-violation report, alleging that Roy violated her probation, in part by failing to remain law-abiding, based on her Red Lake convictions. On September 15, 2017, the district court revoked the stay of imposition of sentence for Roy's 2011 conviction. The court ordered that Roy be apprehended and taken into custody. Roy was not, however, immediately taken into Beltrami County custody. Roy was sentenced in Red Lake Tribal Court on October 5, 2017, and her sentence at the Red Lake Detention Center began on October 22. Roy was released directly from Red Lake custody to Beltrami County custody on November 12, 2017.

         On November 27, 2017, Roy appeared in district court and requested that her 2011 sentence be executed and that she be given custody credit for the time she served from October 22, 2017, to November 12, 2017 (21 days) in the Red Lake Detention Center. The district court sentenced Roy to 21 months in prison. It granted Roy 86 days of custody credit, which included the time she had previously served in Beltrami County detention from 2011 to 2017, as well as the time she had served since being taken into custody by Beltrami County on November 12, 2017. But the court denied Roy credit for the time she served in the Red Lake Detention Center. The court said that it was the law, and "not just a policy," to decline to extend credit for time served in Red Lake detention because Red Lake is a sovereign nation.

         The court of appeals affirmed. State v. Roy, 920 N.W.2d 227, 232 (Minn.App. 2018). Applying the interjurisdictional rule for jail credit, the court of appeals held that Roy was not entitled to credit on her Minnesota sentence for time she spent in the Red Lake Detention Center because that time was not being served solely in connection with a Minnesota offense. Id. at 230-31. We granted Roy's petition for review.

         ANALYSIS

         We must decide whether Roy should receive credit against her Minnesota sentence for the time she spent in the Red Lake Detention Center. The district court's decision whether to award custody credit "is a mixed question of fact and law; the court must determine the circumstances of the custody the defendant seeks credit for, and then apply the rules to those circumstances." State v. Johnson, 744 N.W.2d 376, 379 (Minn. 2008). We review the factual findings of the district court for clear error, but we review questions of law, such as the interpretation of the rules of criminal procedure, de novo. Id.

         A defendant bears the burden of establishing that she is entitled to credit for time spent in custody. State v. Clarkin, 817 N.W.2d 678, 687 (Minn. 2012). The district court does not have discretion on whether to award custody credit. Johnson, 744 N.W.2d at 379. A criminal defendant is entitled to custody credit for time spent in custody "in connection with the offense or behavioral incident being sentenced." Minn. R. Crim. P. 27.03, subd. 4(B); see also Minn. Stat. § 609.145, subd. 2 (2018) ("A sentence of imprisonment upon conviction of a felony is reduced by the period of confinement of the defendant following the conviction and before the defendant's commitment to the commissioner of corrections for execution of sentence unless the court otherwise directs."). This "credit must be deducted from the sentence and term of imprisonment and must include time spent in custody from a prior stay of imposition or execution of sentence." Minn. R. Crim. P. 27.03, subd. 4(B).

         When determining whether to award custody credit, we distinguish between intrajurisdictional custody (custody within Minnesota) and interjurisdictional custody (custody outside of Minnesota). In evaluating credit for intrajurisdictional custody, we seek to avoid four potential concerns: "de facto conversion of a concurrent sentence into a consecutive sentence; indigent persons serving effectively longer sentences as a result of their inability to post bail; irrelevant factors . . . affecting the length of incarceration; and manipulation of charging dates by the prosecutor so as to increase the length of incarceration." Johnson, 744 N.W.2d at 379.

         We apply a different test for determining interjurisdictional custody credit. For a defendant to receive credit on a Minnesota sentence for time spent in another jurisdiction's custody, the defendant's Minnesota offense must be "the sole reason" for the custody. State v. Mattson, 376 N.W.2d 413, 416 (Minn. 1985); see also State ex rel. Linehan v. Wood, 397 N.W.2d 341, 342 (Minn. 1986); Sta ...


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