ST. PAUL, Minn. – An Austin man convicted for a violent home invasion will stay in prison.
he Minnesota Court of Appeals has rejected the argument of Vondale Lamar Kincaide, 40, and affirmed his sentence of 11 years and three months behind bars.
Kincaide was one of four men found guilty of robbing a man in 2015 and shooting him in the knee. Authorities say the four men entered the victim’s Rochester home looking for marijuana.
As part of a deal with prosecutors, Kincaide agreed to plead guilty to 1st degree assault in exchange for being allowed to argue for a lighter sentence. However, while awaiting sentencing, Kincaide was charged in Mower County for an incident where a car window was broken out with a shotgun.
At his Olmsted County hearing, Kincaide did not have a chance to plead for a lighter sentence because of his Mower County arrest. In his appeal, Kincaide claims the judge should have held an evidentiary hearing to determine if Kincaide had violated the conditions of his pre-sentencing release.
The Court of Appeals ruled Monday, however, that because Kincaide did not request such a hearing when he was sentenced, he forfeited the right to raise the issue on appeal.