State v. Lewandowski

OPINION

RANDALL, Judge.

Appellant Scott Arthur Lewandowski was convicted, following a trial to the court, of escape from custody in violation of Minn.Stat. § 609.485 (1988). Appellant was sentenced to 27 months in prison, and appeals the conviction and sentence. Appellant contends his acts do not constitute escape, and the trial court incorrectly computed his criminal history score. We reverse and remand for entry of a conviction on failure to appear, and for resentencing.

FACTS

On May 2, 1988, appellant appeared for sentencing in Benton County District Court on a felony theft by check charge to…