Rochester Man’s Appeal Rejected by MN Court of Appeals
St. Paul, MN (KROC-AM News) - The Minnesota Court of Appeals has upheld a local judge's decision to revoke a Rochester man's probation and send him to prison.
In the precedent-setting decision, the appeals court clearly stated that judges are not obligated to follow any joint recommendation of the parties involved in the proceedings and correctional officials, who had recommended extending probation for 35-year-old Victor Fortner despite repeated violations of the terms of his probation. Instead, the judge ordered Fortner to serve what had previously been a stayed two-year prison sentence.
Fortner had earlier admitted to a felony charge of sending contraband to a state prison or hospital. He was accused of mailing multiple doses of a drug used to treat opioid addiction to an inmate at the Stillwater State Prison. Court records say Fortner, when confronted about the contraband, admitted to the crime and told investigators he was trying to make some money and work his way up within an organization. The criminal complaint notes the inmate who received the shipment was associated with a white supremacy gang.
Fortner's criminal history includes a 2013 conviction for aggravated robbery that led to a 78-month prison sentence.
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The Minnesota Court of Appeals, in a similar non-precedent-setting ruling, has upheld an Olmsted County judge's decision to revoke another Rochester man's probation and send him to prison.
40-year-old Keith Bowers was sentenced to probation three years ago after he entered a guilty plea to a fourth-degree criminal sexual conduct charge involving a 14-year-old girl. In the decision to revoke his probation last year, the judge in the case found Bowers violated the terms by abusing drugs, failing to complete sex-offender treatment, and failing to be law-abiding.
Local correctional officials recommended revoking his probation and the judge ordered him to serve his previously stayed three-year prison sentence along with 10 years of conditional release following the completion of his prison term.
