State v. Scholberg

OPINION

CRIPPEN, Judge.

This appeal challenges a trial court decision to order appellant jailed in revocation proceedings based solely on the occurrence of a new accusation. We reverse and remand.

FACTS

On December 21, 1984, appellant was convicted and sentenced for a violation of the misdemeanor trespass law, Minn.Stat. § 609.605(5) (1984). He was sentenced to 60 days incarceration, plus either 20 more days or a $200 fine, but the sentence was stayed for one year on certain conditions, including one for “no S or S (same or similar) re trespass or disorderly conduct.”

On October 28, 1985, the…