State v. Kelly

OPINION

SIMONETT, Justice.

This appeal raises the same RICO issues as in State v. Trong Kim Huynh, 519 N.W.2d 191 (Minn.1994), also decided today. In this ease, we hold that the evidence is insufficient to show defendant was associated with an “enterprise” as that term is used in Minnesota’s Racketeering Influenced and Corrupt Organizations Act. We therefore reverse the racketeering conviction.

Defendant-appellant Gary Allen Kelly and four codefendants were charged with assorted prostitution-related crimes, plus racketeering. The jury found defendant guilty of one count of soliciting…