State v. Nevins

Court of Appeals of Minnesota

State v. Nevins

359 N.W.2d 66, 1984 Minn. App. LEXIS 3883

CourtCourt of Appeals of Minnesota

DecidedDecember 11, 1984

DocketNo. C9-84-1785

StatusPublished

Cited by4 cases

This text of 359 N.W.2d 66 (State v. Nevins) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Nevins, 359 N.W.2d 66, 1984 Minn. App. LEXIS 3883 (Mich. Ct. App. 1984).

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Opinion

SUMMARY OPINION

LESLIE, Judge.

FACTS

Respondent Patricia Nevins was executive director of Christopher Street, Inc., a clinic in Minneapolis which performed chemical dependency and other forms of counseling. She was charged with 15 counts of theft by false representation and one count of fraud in obtaining credit. The charges stemmed from complaints that Christopher Street was billing insurance companies and government agencies for services for which Christopher Street was not entitled to reimbursement. Nevins pleaded guilty to six counts of theft by false representation in exchange for dismissal of all other charges against her. The trial court stayed imposition of sentence on the condition that Nevins serve a six month term in the workhouse. The presumptive sentence was an executed sentence of 22 months in prison.

DECISION

In departing dispositionally, the trial court stated:

The Court feels the circumstances surrounding the offenses, the defendant’s motivation for committing the offense, and the defendant’s lack of personal gain make the dispositional departure more appropriate, reasonable and equitable.

We have reviewed the circumstances and cannot say the trial court abused its discretion. State v. Kindem, 313 N.W.2d 6 (Minn.1981).

Affirmed.

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SUMMARY OPINION

LESLIE, Judge.

FACTS

Respondent Patricia Nevins was executive director of Christopher Street, Inc., a clinic in Minneapolis which performed chemical dependency and other forms of counseling. She was charged with 15 counts of theft by false representation and one count of fraud in obtaining credit. The charges stemmed from complaints that Christopher Street was billing insurance companies and government agencies for services for which Christopher Street was not entitled to reimbursement. Nevins pleaded guilty to six counts of theft by false representation in exchange for dismissal of all other charges against her. The trial court stayed imposition of sentence on the condition that Nevins serve a six month term in the workhouse. The presumptive sentence was an executed sentence of 22 months in prison.

DECISION

In departing dispositionally, the trial court stated:

The Court feels the circumstances surrounding the offenses, the defendant’s motivation for committing the offense, and the defendant’s lack of personal gain make the dispositional departure more appropriate, reasonable and equitable.

We have reviewed the circumstances and cannot say the trial court abused its discretion. State v. Kindem, 313 N.W.2d 6 (Minn.1981).

Affirmed.

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Bluebook (online)

359 N.W.2d 66, 1984 Minn. App. LEXIS 3883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-nevins-minnctapp-1984.

Opinion

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