State of Minnesota v. Bjorn Bolton Iverson

Syllabus

In this appeal from the final judgment of conviction for possession of pornographic works, appellant argues that the district court erred by allowing the state to introduce evidence discovered during an additional search of appellant's computer hard drive nearly two years after it was first seized and searched by police. Alternatively, appellant challenges his sentences, arguing that the district court abused its discretion by imposing upward durational departures. Because the district court acted within its discretion by allowing the state to introduce evidence found on appellant's hard drive, we affirm in part. But, because the district court failed to explain why creating the pornographic works provided a substantial and compelling reason to depart from the presumptive sentence for their possession, we reverse in part and remand for resentencing.