[DOWNLOAD] "State Minnesota v. Trong Kim Huynh" by Court of Appeals of Minnesota * eBook PDF Kindle ePub Free
eBook details
- Title: State Minnesota v. Trong Kim Huynh
- Author : Court of Appeals of Minnesota
- Release Date : January 03, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Evidence is sufficient to establish the existence of a RICO enterprise if it shows a common or shared purpose, continuity
of structure and personnel, and an ascertainable structure distinct from that inherent in the conduct of a pattern of racketeering.
A trial court properly may impose sentences for both racketeering violations and the separate crimes constituting the predicate
acts. Ranking racketeering offenses at severity level VIII is appropriate, but a trial court may not use the Hernandez method
of calculating a defendant's criminal history score if sentencing for multiple crimes is permissible under a substantive criminal
statute rather than under Minn. Stat. § 609.035 (1990). SHORT, Judge This criminal appeal involves the interpretation and construction of Minnesota's Racketeer Influenced and Corrupt
Organizations Act (RICO), Minn. Stat. §Â§ 609.901-.912 (1990). A jury convicted Trong Kim Huynh (Huynh) of five counts of coercion
in violation of Minn. Stat. § 609.27, subds. 1(2), 2(2) (1990) and one count of racketeering in violation of Minn. Stat. §Â§
609.903, subd. 1, .904, subd. 1 (1990). The trial court sentenced Huynh to an executed term of 146 months. On appeal, he argues:
(1) the state's evidence against him was insufficient as a matter of law; (2) the trial court improperly imposed separate
sentences for the coercion offenses and the racketeering offense; and (3) the trial court abused its discretion in sentencing
him. We affirm the convictions, but vacate the sentence and remand to the trial court for resentencing consistent with this
opinion.