Montevideo, Minnesota, man to be resentenced for vehicular homicide in 2019 crash
Court errored in basing sentence on two criminal history points instead of one, which will mean some reduction in prison time.
ST. PAUL — Braxton Monte Anderson, 36, of Montevideo , will be resentenced for his conviction of criminal vehicular homicide in the 2019 crash that took the life of his passenger, Brittany Lynn Schulz, 20, of Appleton .
Anderson is currently serving a 68-month sentence that requires he serve a minimum of 45 and one-third months of the time in prison and the remainder on supervised release.
In a decision released Monday, the Minnesota Court of Appeals found that the Chippewa County District Court had made an error in determining that Braxton had two criminal history points at the time he was sentenced. The sentencing should have been based on a criminal history score of one, which will reduce the length of the presumptive sentence.
In its ruling, the Court of Appeals affirmed the District Court sentencing on two other key challenges raised by Anderson in his appeal. The appeals court found that the District Court did not err in ruling that the state could impeach Anderson with a prior felony conviction if he were to testify. It also found that it did not abuse its discretion in denying his motion for a downward durational departure from sentencing guidelines.
Anderson was driving a 1995 Saturn and made a sudden turn in front of a Cadillac Escalade on Aug. 7, 2019, in Watson. Schulz died of her injuries just moments before emergency personnel were able to move her to a waiting air ambulance.
A Chippewa County jury found Anderson guilty of criminal vehicular homicide on Aug. 6, 2020.
He is currently serving his sentence at the Minnesota Correctional Facility in Faribault, according to the Minnesota Department of Corrections , with a current expected release date of Oct. 23, 2023.