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Judge upholds 2 of Delaware auditor’s 3 convictions

File photo: Delaware Auditor Kathy McGuiness leaves court in April with her attorney, Steve Wood. (Cris Barrish/WHYY)

A judge has upheld two jury convictions against Delaware’s Democratic state auditor for official misconduct and conflict of interest but tossed a third misdemeanor conviction for improperly structuring contract payments to a consulting firm.

In issuing his decision Tuesday, the judge rejected Kathy McGuiness’ request for a new trial.

The judge is now expected to schedule a sentencing date on the charges which carry a presumptive sentence of probation.

McGuiness, meanwhile, plans to appeal and continues to campaign for re-election ahead of a Sept. 13 primary contest.

McGuiness is the first statewide elected official in Delaware to be convicted on criminal charges while in office.

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