Vezina v. State

WAHL, Justice

(concurring in part, dissenting in part).

This case was brought under the Postcon-viction Remedy Act and, I would hold, properly so. Such review is in accord with the following statement of purpose set forth in the Prefatory Note to the Uniform Postcon-viction Procedure Act, 11 Uniform Laws Annotated 483:

“Section 1(b) of the Act makes the remedy provided a substitute for all common law-statutory or other remedies heretofore available for challenging the conviction or sentence (other than direct review). A state should consider repealing its existing statutes on habeas corpus, coram nobis and statutory remedies, if any. Whether these are repealed or not, the direction in section 1(b) would seem to require a court to treat an application under such a remedy as made under this Act and governed by its provisions as to pleadings and procedure.”

Furthermore, appellant’s transfer from youthful offender status to adult status may affect the length of appellant’s incarceration, and therefore the transfer does concern appellant’s “sentence or other disposition” within the meaning of Minn.St. 590.01, subd. 1. Although the act would therefore be applicable to challenge the decision of the Minnesota Corrections Board, this does not mean that any decision made by the board will be reviewable under the act absent legislative action. Kelsey v. State, 283 N.W.2d 892 (Minn.1979) filed August 3, 1979.

I agree that appellant waived his right to a hearing on the transfer from youthful offender status to adult status, but I cannot agree that the year appellant served in the Ramsey County Workhouse as a condition of probation should not be credited against the target date for release on parole. A year in the county workhouse is not the “mild form of ambulatory punishment” that *413was offered as a characterization of probation in State ex rel. Ahern v. Young, 273 Minn. 240, 247, 141 N.W.2d 15, 19 (1966). Time served is time served. This was hard time, and it should be credited against appellant’s target release date.