CASE LAW UPDATE: Whether the State failed to prove prior convictions of theft by swindle were not from same behavioral incident?
Defendant was sentenced to 131 months prison for conviction of promotion of prostitution. Defendant appealed. Defendant argued that the trial court erred by assigning him 5 criminal history points, which included 3 points for 3 prior convictions for theft by swindle. Defendant argued that the 3 points for the 3 prior convictions for theft by swindle arose from the same behavioral incident. The Minnesota Court of Appeals concluded that the State failed to prove that the 3 prior convictions for theft by swindle did not arise from the same behavioral incident. However, the defendant had not raised this issue at the trial court. Accordingly, the sentence is reversed, but the State can introduce evidence on this issue.
State v. Yancy, A19-1695, Hennepin County.
Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.