State v. Roy, A18-0326

Published: March 12, 2019, 2 p.m.

b'On November 21, 2011, the district court convicted appellant Misty Roy, a member of the Red Lake Band of Chippewa Indians, of third-degree controlled-substance crime, imposed a stay of imposition of sentence, and placed her on probation for up to 20 years. On July 15, 2017, Roy was arrested on the Red Lake Reservation and charged in the Red Lake Court of Indian Offenses with two gross misdemeanors. She was later convicted. Roy served her sentence at the Red Lake Detention Center from October 22, 2017, to November 12, 2017, at which time she was released to Beltrami County on a pending probation violation in her Minnesota controlled-substance-crime case.\\n\\nRoy asked to execute her Minnesota sentence. Following a hearing, the district court revoked the stay of imposition and sentenced Roy to a presumptive sentence of 21 months in prison. The district court awarded Roy credit for time served at the Beltrami County Jail but denied her request for jail credit for time served at the Red Lake Detention Center. The court of appeals affirmed Roy\\u2019s sentence.\\n\\nOn appeal to the supreme court, the issues presented are: (1) whether Roy is entitled to custody credit for the time she spent in the Red Lake Detention Center; and (2) whether it violates the Equal Protection Clause to deny Roy custody credit for time she spent in the Red Lake Detention Center. (Beltrami County)'