BUTTE, Mont. (AP) — A Minnesota man has narrowly avoided a five-year prison sentence in Montana after a case of mistaken identity.

The Montana Standard reports the proposed sentence for Aduo Omot, who was charged for being in possession of a stolen car, was part of a plea deal based on a history of past felony convictions.

But a pre-sentencing investigation before the 27-year-old Worthington man’s sentencing hearing found the long criminal history was really his brother’s.

His public defender, Josh Demers, says Omot did not recall the past offenses but didn’t seriously dispute the record because he appeared to be confused about the difference between felonies and misdemeanors.

District Judge Robert Whelan gave Omot a deferred sentence Wednesday that allows him to return to Minnesota.

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