State v. Carson

OPINION

FOLEY, Judge.

This is a sentencing appeal under Minn. R.Crim.P. 28.05 from an order executing a previously stayed sentence. Appellant David Carson’s probation was revoked and this previously stayed sentence was executed following his arrest and plea of guilty to new offenses committed while on probation. He contends he is entitled to jail credit for time spent in custody following his arrest on December 4, 1985 for these new offenses until April 8, 1986, the date of his probation revocation hearing. We agree and reverse the trial court’s denial of jail credit for this period of time.

FACT…