State v. Clarkin
Annotate this CaseDefendant was convicted of one count of felony harassment/stalking following a plea agreement. Defendant sought to apply jail credit to his harassment/stalking conviction sentence even though the jail credit claim was based on time Defendant spent in custody on an unrelated parole violation. When the district court sentenced Defendant, the court implicitly denied Defendant any credit for time spent in custody on the parole violation. The postconviction court held that Defendant was not entitled to any jail credit because the police did not have probable cause to arrest Defendant on the harassment/stalking charge until after he was released from prison on the parole violation. The court of appeals affirmed on different grounds. The Supreme Court also affirmed but on different grounds, holding that Defendant was not entitled to apply to his felony harassment/stalking sentence the jail credit he claimed for time spent in custody on the unrelated parole violation because, while in custody, the State had not completed its investigation into the harassment/stalking offenses, and it was not after Defendant was released from custody that the State had both probable cause and sufficient evidence to charge him with the harassment/stalking offenses with a reasonable likelihood of convicting him of those offenses.
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