Stay of adjudication

CASE LAW UPDATE:  Whether the State must consent to a stay of adjudication absent a clear abuse of the prosecutorial charging function?    

The trial court sentenced defendant.  Over the State’s objection, the trial court gave the defendant a stay of adjudication.  The State appealed.  On appeal, the State argued that the trial court erred by ordering a stay of adjudication over the State’s objection.  The Minnesota Court of Appeals held that because the trial court did not identify any clear abuse of the prosecutorial charging function that would allow it to stay adjudication over the State’s objection, resentencing was required.  Reversed and remanded.

State v. Fenstra, A20-1600, Kandiyohi County.

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

By |2021-07-20T00:59:34+00:00July 20th, 2021|Victories/Case Law Updates|0 Comments

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