LITCHFIELD — A judge handed down an aggravated prison sentence in a Litchfield man's sexual assault conviction after he unsuccessfully challenged the outcome of the court trial.
Edgard Francisco Talave Latino, 48, of Litchfield, was convicted in November 2022 by Judge Stephanie Beckman of felony third-degree criminal sexual conduct, felony first-degree burglary and misdemeanor domestic assault charges.
Latino's lawyer filed a motion seeking an acquittal or a new trial, arguing the court had made errors of law and disputing that the evidence supported conviction, specifically on the criminal sexual conduct charge.
Judge Beckman denied the motion, writing in her conclusion, "defendant disagrees with the facts and rulings, which is understandable, but his challenges do not amount to judgment of acquittal or a new trial in this case. Rather, he wants to revisit and argue with the court about its findings that he disputes."
Latino was sentenced March 6 to 96 months for the criminal sexual conduct charge, double the presumptive 48-month sentence, and 48 months for the burglary charge.
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No sentence was pronounced for the misdemeanor domestic assault conviction. Conditions for Latino include providing a DNA sample and a 10-year conditional release period after his confinement in prison.
Latino received 283 days credit for time served
Under Minnesota law, convicted offenders must serve two-thirds of their prison sentence in custody before being eligible for supervised release for the remaining time of their sentence.
According to the Minnesota Department of Corrections, Latino’s expected release date from the Minnesota Correctional Facility in St. Cloud is Sept. 27, 2027.
According to the state’s sentencing memorandum, an aggravated 96-month sentence was appropriate in this case due to the fact that Latino “committed the charged offenses while invading (the victim’s) zone of privacy.” The court's report on the sentence listed that as the reason for the departure from guidelines.
The state’s sentencing memorandum noted that Latino had no legitimate reason to access the woman's home — no key and no current relationship with the woman.
According to the filed criminal complaint, an adult female reported that Latino sexually assaulted her in her residence in the city of Litchfield. Around 9 a.m. Nov. 12, 2021, Latino spoke with the woman over a video call, demanding to know where she was, while he was knocking on her door.
The complaint further states that the woman specifically told Latino that she would not open the door and he was not welcome. He entered anyway and began to push the woman into her bedroom.
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The woman told a Litchfield Police Department detective that she repeatedly asked Latino to leave. He eventually pushed her onto the bed and sexually assaulted her. According to the complaint, Latino held down one of her arms behind her back.
According to the complaint, the woman began screaming and making noise to alert others in the apartment building. Latino allegedly covered her mouth with his hand. After the assault, Latino then took the woman’s cellphone.
According to the complaint, the detective noted multiple red bruises on the woman’s neck and red marks on both of her hands.
In her victim impact statement to the court, the woman said Latino “broke my peace and at the same time the peace of my three little ones.” According to the state’s memorandum, the woman has since moved to a different residence because she didn't feel safe in her previous home after the assault.
At the time of Latino's arrest, he told the detective that the woman had let him into her apartment earlier that day. He denied forcefully holding the woman’s arm and forcing her onto the bed. He also denied touching or sexually assaulting the woman. He said the woman’s cellphone was in his vehicle, which was parked at his residence.
The Trust Project
