Sunday, April 2, 2017

Criminal History Score Decay Calculation is From Discharge/Expiration of Sentence to Start Date of a Continuing Offense.

State v. Washington, Minn.Ct.App., 3/27/2017.  The state charged Mr. Washington with violation with the predatory offender registration law. One of Mr. Washington's prior convictions hit the fifteen year decay milestone during the commission of the new offense.  He said that the trial court could not, therefore, count that decayed conviction in computing his criminal history score.

The Guidelines say that the decay is measured as fifteen years since the date of discharge or expiration of sentence to the date of the current offense.  The court says that this calculation is from either discharge or expiration to the state date of a continuing offense.

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