Local Jail Time as a Condition of Probation on a Stay of Adjudication is Authorized.

State v. Moody, Minn.Ct.App., 12/12/2011.  Mr. Moody pled guilty to felony fifth degree controlled substance possession under a plea agreement in which the state agreed to a stay of adjudication and a forty-five day cap on jail time.  The court followed the deal, including serving the forty-five days.

Mr. Moody wanted to appeal but the state first argued that he could not appeal a stay of adjudication as of right but could only pursue a discretionary appeal.  However, a stay of adjudication imposed for a felony offense is a sentence that a defendant may appeal as of right under Rule 28.02, subd. 2(3).  State v. Allinder, 746 N.W.2d. 923 (Minn.Ct.App. 2008).  So, on to the appeal.

Mr. Moody argued that Minn.Stat. 152.18 is not a conviction and that jail time is not a reasonable condition of probation when no conviction of guilt has been entered.  The appellate court disagrees, pointing to language from previous opinions which at least observe without disagreement that jail time as a condition of a stay of adjudication is quite common.  Here, Mr. Moody’s plea agreement contemplated local time so for both these reasons the trial court was authorized to impose the jail time as a condition of probation.  The appellate court also ruled that the trial court had not abused its discretion in doing so.