CASE LAW UPDATE:  Whether the trial court erred in defendant’s sentence for child pornography?

Defendant was convicted of possession of child pornography.  Defendant appealed.  On appeal, defendant challenged the calculation of his criminal history score.  He argued the trial court because it failed to establish the offense dates for two of the four counts to which he pleaded guilty.  These facts are necessary to determine the assignment of multiple custody status points for those offenses.  Additionally, defendant alleged that the trial court imposed sentences in the wrong order.  The Minnesota Court of Appeals held that because defendant admitted to possession of child pornography during the same time frame he was on probation, his criminal history score properly included two custody status points.

State v. Flantz, A20-0667, Anoka County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

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