People v. Kuhns

I agree that the defendant’s conviction should be affirmed. I also believe that the defendant is entitled to a $5 credit for the time that he was incarcerated on July 11, 2004. However, because I believe that the majority’s analysis is flawed in its determination that the defendant is entitled to a $5 credit for less than one hour that he spent in custody on July 10, 2004, I must dissent from that portion of the majority’s opinion.

At the outset, I note that the majority incorrectly frames the issue that the defendant is raising before this court. In his reply brief, the defendant acknowledges…