(Download) "State V. Ornelas" by State of Minnesota in Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: State V. Ornelas
- Author : State of Minnesota in Supreme Court
- Release Date : January 26, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Appellant Francisco Ornelas challenges the revocation of his probation on a 1994 third-degree criminal sexual conduct conviction. Ornelas's probation was revoked for having unsupervised contact with a minor. The question presented is whether the district court abused its discretion when it revoked Ornelas's probation and executed the 48-month prison sentence imposed but stayed at the time of the conviction. A divided court of appeals affirmed the district court. State v. Ornelas, No. C4-02-1693, 2003 WL 1818011, at *2 (Minn. App. Apr. 8, 2003). In this appeal, Ornelas argues that the district court abused its discretion when it revoked his probation because: (1) having no contact with individuals under 18 years of age was never made a condition of his probation on his criminal sexual conduct conviction;*fn1 (2) assuming that the no-contact provision was a condition of probation, the violation was unintentional; (3) assuming that the no-contact provision was a condition of probation, the violation was excusable; (4) the district court impermissibly based his probation revocation on an accumulation of technical violations; and (5) the policies favoring probation outweigh the need for confinement. We reverse.