State v. Lone

SCOTT, Justice.

This appeal arises from William E. Lone’s conviction of four counts of theft by swindle pursuant to Minn.Stat. § 609.52, subs. 2(4), 3(1), and 3(5), and § 609.05 (1984). Lone alleges that the trial court’s jury instructions on theft by swindle were prejudicially in error because they did not allow the jury to consider whether appellant gave something of value as return for homeowners’ payments, in determining whether appellant was guilty of theft by swindle. Appellant further asserts that the trial court abused its discretion in departing from the presumptive sentence by…