CASE LAW UPDATE: Whether defendant’s convictions for felony domestic abuse no contact order violations should be reduced to gross misdemeanors for lack of adequate factual basis?
In his direct appeal, defendant argued that his four felony convictions for violating a domestic abuse no contact order DANCO should be reduced to gross misdemeanors because the factual basis entered in support of his guilty pleas did not support felony level offenses. The Minnesota Court of Appeals concluded that defendant was correct that the factual basis for his guilty please did not support felony DANCO violations because only one of the prior convictions that he admitted to was a qualified domestic violence related conviction. Reversed and remanded.
State v. Foster, A21-0533, St. Louis County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.