Statute of limitations on criminal sexual conduct charges

Whether charges of criminal sexual conduct were barred by statute of limitations?

Defendant challenged his convictions of, and sentences for, two counts of first degree criminal sexual conduct, arguing that (1) the charges were barred by the statute of limitations and (2) the trial court erred by imposing two consecutive 144 month sentences on remand after his successful appeal.  The Minnesota Court of Appeals concluded that the rumor that the town baker relayed to a police investigator in 2003 was insufficient to put the investigator on actual notice that a specific criminal offense may have occurred, as could have triggered three year period for State to charge defendant; the baker’s statement described general conduct rather than conduct that would constitute a specific criminal offense.  Affirmed.

State v. Avila, A18-1567, Lyon County.

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

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