CASE LAW UPDATE: Whether the need for confinement outweighed the policies favoring probation?
Defendant violated his probation and his probation was revoked. He was on probation for a conviction of third degree criminal sexual conduct. He appealed. He argued that the record does not support the trial court’s finding that the need for confinement outweighed the policies favoring probation. The Minnesota Court of Appeals noted that the seriousness of defendant’s probation violations had escalated, and, that probation was therefore not effective. It further concluded that not revoking probation would unduly depreciate the seriousness of defendant’s violations. Affirmed.
State v. Potter, A20-0671, Redwood County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.