Cited by
Opinions in Minnesota that cite State v. Boley, 299 N.W.2d 924.
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
(listing cases); -26 (Minn. 1980) (same).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
See, e.g., State v. Gibson , -98 (Minn. 1991) (vacating sentence for l eaving the scene of an accident where defendant immediately left the scene in order to avoid apprehension for criminal vehicular operation); (holding that escape from 19 custody sentence should be vacated where defendant fled police officer to avoid apprehension for burglary and the offenses occurred within minutes of one another).
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Distinguished
State of Minnesota, Respondent,
Minn. Ct. App. 2019
(“In a series of decisions —the avoidance-of-apprehension cases—we have held that multiple sentences may not be used for two offenses if the defendant, substantially contemporaneously committed the second offense in order to avoid apprehension for the first offense.”); -26 (Minn. 1980).
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State of Minnesota, Appellant,
Minn. Ct. App. 2017
(holding that offenses that occurred in the same general area and within minutes of each other arose from the same behavioral incident); see also State v. Finn, 295 Minn. 520, 522, (noting 6 that offenses that occurred within five minutes and three miles of each other
- State of Minnesota v. Hugh Alexander Larson Minn. Ct. App. 2014
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State of Minnesota v. Hugh Alexander Larson
Minn. Ct. App. 2014
to ascertain which offense is the most serious, leaving the longest sentence in place.” ( ).
- State v. St. John 847 N.W.2d 704 Minn. Ct. App. 2014
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State v. St. John
847 N.W.2d 704
Minn. Ct. App. 2014
Multiple punishment[s] refers not to multiple convictions but multiple sentences and any multiple sentences, including concurrent sentences, are barred if section 609.035 applies.”
- State v. Kebaso 713 N.W.2d 317 Minn. 2006
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State v. Kebaso
713 N.W.2d 317
Minn. 2006
See, e.g., Norregaard, d at 450
- State v. Brown 597 N.W.2d 299 Minn. Ct. App. 1999
- State v. Brown 597 N.W.2d 299 Minn. Ct. App. 1999
- State v. Bookwalter 541 N.W.2d 290 Minn. 1995
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State v. Bookwalter
541 N.W.2d 290
Minn. 1995
Multiple punishment “refers not to multiple convictions but multiple sentences and any multiple sentences, including concurrent sentences, are barred if section 609.035 applies.”
- State v. Gibson 478 N.W.2d 496 Minn. 1991
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State v. Gibson
478 N.W.2d 496
Minn. 1991
State v. Finn, 295 Minn. 520
- State v. Anderson 468 N.W.2d 345 Minn. Ct. App. 1991
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State v. Anderson
468 N.W.2d 345
Minn. Ct. App. 1991
requires a contrary result.
- State v. Nordby 448 N.W.2d 878 Minn. Ct. App. 1989
- State v. Nordby 448 N.W.2d 878 Minn. Ct. App. 1989
- State v. Frank 416 N.W.2d 744 Minn. Ct. App. 1987
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State v. Frank
416 N.W.2d 744
Minn. Ct. App. 1987
§ 609.035 "refers not to multiple convictions but multiple sentences and any multiple sentences, including concurrent sentences, are barred if Section 609.035 applies.” ().
- State v. Fischer 354 N.W.2d 29 Minn. Ct. App. 1984
- State v. Fischer 354 N.W.2d 29 Minn. Ct. App. 1984
- State v. Thomas 352 N.W.2d 526 Minn. Ct. App. 1984
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State v. Thomas
352 N.W.2d 526
Minn. Ct. App. 1984
State v. Finn, 295 Minn. 520
- State v. Beito 332 N.W.2d 645 Minn. 1983
- State v. Beito 332 N.W.2d 645 Minn. 1983
- State v. Banks 331 N.W.2d 491 Minn. 1983
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State v. Banks
331 N.W.2d 491
Minn. 1983
He relies on the so-called avoidance-of-apprehension eases, which include, in addition to the Finn case
- State v. McAdoo 330 N.W.2d 104 Minn. 1983
- State v. McAdoo 330 N.W.2d 104 Minn. 1983
- State v. Gilbertson 323 N.W.2d 810 Minn. 1982
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State v. Gilbertson
323 N.W.2d 810
Minn. 1982
Thus, Finn and analogous cases, see, apply and bar the multiple sentencing.
- State v. Zuehlke 320 N.W.2d 79 Minn. 1982
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State v. Zuehlke
320 N.W.2d 79
Minn. 1982
Relevant cases deciding whether or not two or more convictions were committed during a
- City of Fergus Falls v. Sporre 300 N.W.2d 791 Minn. 1981
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City of Fergus Falls v. Sporre
300 N.W.2d 791
Minn. 1981
filed November 21,1980; State v. Finn, 295 Minn. 520 , and State v. Corning, 289 Minn. 382