The Minnesota Court of Appeals has overturned one of two convictions against a man who was found guilty of sexually assaulting a woman in Mankato.
The ruling does not, however, lessen the man’s four-year prison sentence.
A jury found Jacob Thomas Price, 25, guilty of third- and fourth-degree counts of criminal sexual conduct in April 2018 in Blue Earth County District Court.
Price, whose legal address at the time was Austin, Minnesota, was accused of having sexual contact with a woman who was too intoxicated to consent in 2016. The woman told Mankato police she, Price and others had been bar-hopping in Mankato and she later woke up to Price on top of her. Price claims they had consensual sexual contact.
Blue Earth County Judge Gregory Anderson convicted Price of both counts. Price was sentenced to four years in prison and 10 years probation on the more serious count. No sentence was executed on the fourth-degree charge.
Price’s attorney appealed both convictions on multiple grounds. The Court of Appeals dismissed most of the arguments but agreed that Price should not have been convicted of two counts for a single crime.
While the jury found Price guilty of both counts, the judge should have approved a single conviction on just the more serious count, the appeals ruling found.
The appellate judges ordered the case be returned to Blue Earth County District Court and the lesser offense be vacated.
Because no sentence was given on the lesser offense, Price’s sentence is not impacted. With credit for time served, he will be eligible for early release in late 2020.