State v. Clarkin

Although I concur with the result reached by the court, I disagree with the majority’s legal test for awarding jail credit only in the instances in which the State has completed its investigation and has both probable cause and sufficient evidence to prosecute its case against the defendant with a reasonable likelihood of actual conviction. Instead, I would adopt the court of appeals’ probable cause test as outlined in State v. Fritzke, 521 N.W.2d 859, 861-62 (Minn.App.1994), and conclude that jail credit is awarded for time spent in custody, including time spent in custody on unrelated…