(Download) "State v. Bertsch" by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Bertsch
- Author : Supreme Court of Montana
- Release Date : January 10, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This appeal arises out of the convictions and sentences Joshua Stafford Bertsch received for dissemination and possession of pornographic work involving minors. Both parties petitioned this court to review a decision of the Minnesota Court of Appeals affirming the district court in part, reversing in part, and remanding for resentencing. We hold that Bertschs convictions and sentences for possession of child pornography must be vacated under Minn. Stat. § 609.04 (2004) as included offenses, that the district court did not abuse its discretion in its assignment of a severity level to the dissemination offense, and that the district court did not err in refusing to grant Bertsch a dispositional departure. Accordingly, we affirm in part and reverse in part.