State v. Brett David Borg, Minn.Ct.App., 11/5/2012. This is a restitution case, the third published opinion to come out of this prosecution. The court of appeals first reversed Mr. Borg’s conviction but the supreme court reinstated it.
Which has nothing to do with this appeal. Mr. Borg asked the trial court to reduce the restitution award by some three hundred dollars. The state argued that his request was too late, beyond the thiry day limitations period. The trial court ignored that complaint and granted the reduction. The state appealed. The court of appeals dismissed the appeal. The court said that although Rule 28.04, subdivision 1, lists seven types of district court decisions that the state can appeal, not one of them is a free standing restitution order.
The Supreme Court has granted review on whether the state can appeal the restitution order.
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