The Free Press, Mankato, MN

Local News

October 6, 2012

Appeals court says area man never should have served sentence

(Continued)

MANKATO —

Booth is still in prison because the Department of Corrections hasn’t received a court order for his release. District courts have 37 days from the day of the appeals court ruling to send the order, said John Schadl, Department of Corrections spokesman.

Prosecutors could appeal to the Supreme Court, but that isn’t likely because they didn’t file a brief or response for Booth’s appeal. Assistant Blue Earth County Attorney Chris Rovney didn’t respond to a call requesting comment for this story.

The child pornography allegedly found on Booth’s phone also resulted in felony charges being filed in Hennepin County. That case has not been resolved, so Booth would likely be sent to jail there to await a bail hearing if he is released from prison.

The Court of Appeals ruling also pointed out that Booth will be required to register as a predatory sex offender because he was found guilty of sex crimes in juvenile court.

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