Legal Opinion

State v. Bonafide

Court of Appeals of Minnesota

Decided June 5, 1990No. C2-90-583PublishedCited by 6 opinions

1Opinion of the Court

OPINION

LANSING, Judge.

This appeal raises the issue of whether the sentencing court must allow credit against sentence for time spent in a security hospital under a civil commitment order that originated during the pendency of the criminal proceeding. We hold that the time must be automatically deducted from the sentence because it is custodial time connected to the offense or behavioral incident for which sentence was imposed. Reversed and remanded for resentencing.

FACTS

Stephen Bonafide was arrested and taken into custody in October, 1988. While in custody and during the pendency of the…

2Cases cited30 opinions

  1. Williams v. IllinoisSupreme Court of the United States · 1970
  2. Jarvis v. LevineSupreme Court of Minnesota · 1988
  3. Tal-Mason v. StateSupreme Court of Florida · 1987
  4. James John Makal v. State of Arizona and Harold G. Cardwell, Superintendent, Arizona State PrisonCourt of Appeals for the Ninth Circuit · 1976
  5. State v. DulskiSupreme Court of Minnesota · 1985

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3Cited by6 opinions

  1. State v. JohnsonSupreme Court of Minnesota · 2008
  2. State v. WilkinsonCourt of Appeals of Minnesota · 1995
  3. State v. BradleyCourt of Appeals of Minnesota · 2001
  4. State v. RileyCourt of Appeals of Minnesota · 2003
  5. State v. JohnsonCourt of Appeals of Minnesota · 1993

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