How to win an appeal of a child pornography case in Minnesota: challenging your prison sentence
If you are convicted of one count of child porn with a criminal history score of 0, you will receive a presumptive stayed sentence. This means that a potentially lengthy prison sentence is stayed, pending your successful completion of probation. However, if you are charged with four or more counts, things can get more complicated. If they are all apart of one “single behavioral incident”, you may still be able to receive a stayed sentence. But if they were separate incidents, your stayed sentence can suddenly turn into a long prison sentence. There have been cases with questionable evidence upholding separate behavioral incidents. But this blog will look at a child porn conviction that was reversed and remanded because of lack of evidence of there being separate behavioral incidents.
The district court sentences the defendant to a lengthy prison sentence
In State v. Rowland, the defendant was convicted of four counts of child pornography possession in Clay County, Minnesota. Child pornography possession is defined by statute. Minn. Stat. § 617.247. Instead of a presumptive stayed sentence, he received a prison commit because the four counts were considered separate incidents rather than a single behavioral incident.
The Court of Appeals finds no evidence of separate behavioral incidents
The defendant appealed. There was no evidence in the record to bolster the claim that they four counts were separate behavioral incidents. All the pornography was seized on the same day and in the same location, the defendant’s home. On appeal, the State argued that the Court should, "assume that because of the allegedly vast amount of pornography discovered on Rowland's devices he must have downloaded and possessed different depictions of child pornography at different times.” The State assumed too much when they argued this. The Court of Appeals reversed and remanded because of the lack of evidence that the defendant’s conduct was part of separate behavioral incidents.
Conclusion
If you or a loved one were sentenced to a long prison sentence because of a child pornography conviction, you should contact a skilled Minnesota appeals attorney. Jack Rice Defense utilizes its extensive knowledge of criminal defense and appeals to craft the best strategy to counteract the conviction in your case. It’s important for you to act fast because generally the deadline to appeal felony and gross misdemeanor cases is 90 days; and 30 days for misdemeanors. Contact Jack Rice Defense if you want to appeal your case. (651) 447-7650
Peter Lindstrom
Peter is the head of the appellate and expungement departments at Jack Rice Defense. The Minnesota Court of Appeals reversed a felony conviction because of the brief Peter drafted. At the district court level, he has tried two felony jury trials to verdict, and successfully dismissed a felony gun case on 4th amendment grounds. Peter is particularly known for his intelligence, creativity, and legal acumen.
