Cited by

1; (stating section 609.035 “prohibits multiple sentences, even concurrent sentences, for two or more offenses that were committed as part of a single behavioral incident”); n.1 (Minn. App. 2016) (stating that the phrase “single course of conduct” has t

(“We have stated that section 609.035 contemplates that a defendant will be punished for the most serious of the offenses arising out of a single behavioral incident[.]” (quotation omitted)).

See Minn. Stat. § 609.035 (2022); (identifying the “more serious” offense and applying section 609.035 to vacate the sentence on the less serious offense); State v. St.

16 the offenses arising out of a single behavioral incident because imposing up to the maximum punishment for the most serious offense will include punishment for all offenses.” (quotations omitted).

3 See, -54 (Minn. App. 2016) (relying on 3 Section 609.035, subdivision 1, generally prohibits the district court from imposing multiple sentences “for two or more offenses that were committed as part of a single behavioral incident.” (emphasis added).

Minn. Stat. § 609.035 (2022) “contemplates that a defendant will be punished for the most serious of the offenses arising out of a single behavioral incident because imposing up to the maximum punishment for the most serious offense will include punishment for all offenses.” (quotations omitted).

“[S]ection 609.035 contemplates that a defendant will be punished for the ‘most serious’ of the offenses arising out of a single behavioral incident because ‘imposing up to the maximum punishment for the most serious offense will include punishment for all offenses.’” ().

d 317, 322 (Minn. 2006) (explaining “that a defendant will be punished for the most serious offense of the offenses arising out of a single behavioral incident” (quotation omitted)).

Courts may not impose “multiple sentences, even concurrent sentences, for two or more offenses that were committed as part of a single behavioral incident.” (quotation omitted); Minn. Stat. § 609.035 (2018).

1 (2018); State v. Kebaso , (“ [A] defendant will be punished for the most serious of the offenses arising out of a single behavioral incident .

And because we conclude that Count VI, a felony count, is the more serious offense than Count VII, a misdemeanor, (noting that a more serious offense is determined by looking at various factors including sentence duration and offense severity levels), we conclude that Carter’s conviction of Count VII should be vacated.

Minnesota courts have interpreted section 609.035 as contemplating “that a defendant will be punished for the most serious of the offenses arising out of a single behavioral incident.” d 317, 322 (Minn. 2006) (quotation omitted).

6 (“[W]e have implicitly approved the use of the sentencing guidelines’ severity-level rankings as a method for determining which of multiple felony offenses is the most serious.”).

A defendant should only be punished “for the most serious of the offenses arising out of a single behavioral incident.” State v. Kebaso , (quotation omitted).

1(b), and a defendant should “be punished for the most serious of the offense s arising out of a single behavioral incident,” State v. Kebaso , (quotation omitted), we remand Bierbrauer’s charge under Minn. Stat. § 609.344, subd.

Minnesota courts have interpreted section 609.035 as contemplating “that a defendant will be punished for the most serious of the offenses arising out of a single behavioral incident.” (quotation omitted).

see also State v. Franks , -78 (Minn. 2009) (noting approval of the comparison of severity levels and maximum sentences in determining the relative severity of multiple offenses).

State v. Kebaso , , 322 (Minn. 2006) (quotations and citations omitted).

–86 (Minn. 1989); d 517, 521–22 (Minn. 1966).

Minn. Stat. § 609.035 prohibits the imposition of multiple sent ences for offenses arising from a single behavioral incident and “contemplates tha t a defendant will be punished for the most serious of the offenses arising out of a single behavioral incident.” State v. Kebaso , (quotation omitted).

The supreme court has held that “section 609.035 contemplates that a defendant will be punished for the most serious of the offenses arising out of a single behavioral incident.” (quotation omitted).

(stating that “an appellate court vacating a sentence .

See State v. Kebaso , (stat ing that Minn. Stat. § 609.035 “contemplates that a defendant will be punished for the most serious of the offenses arising ou t of a single behavioral incident” (quotations omitted)).

Minnesota law “c ontemplates that a defendant will be punished for the most serious of the offenses arising out of a single behavioral incident.” State v. Kebaso , (quotation omitted).

Minn. Stat. § 609.035 (2014) prevents the imposition of multiple sentences for crimes committed during the same behavioral incident and “contemplates that a defendant will be punished for the most serious of the offenses arising out of a single be havioral incident.” State v. Kebaso , (quotation omitted).

As for sentencing, “section 609.035 contemplates that a defendant will be punished for the ‘most serious’ of the offenses arising out of a single behavioral incident.”

“[S]ection 609.035 contemplates that a defendant will be punished for the ‘most serious’ of the offenses arising out of a single behavioral incident.”

Section 609.035, subdivision 1, “contemplates that a defendant will be punished for the most serious of the offenses arising out of a single behavioral incident.” (quotation omitted).

(providing that Minn. Stat. § 609.035 contemplates that a defendant will be punished for the most serious of the offenses arising out of a single behavioral incident because imposing up to the maximum punishment for the most serious offense will include punishment for all offenses) (quotations om

d 317, 322 (Minn. 2006) (“[A]n appellate court vacating a sentence or sentences pursuant to section 609.035 [prohibiting multiple sentences for offenses that were committed as part of a single behavioral incident] should look to the length of the sentences actually imposed by the district court to ascertain which offense

Because appellant can only be sentenced for kidnapping and the most serious crime committed during the course of the kidnapping, which the parties agree is second-degree assault, we remand to the district court to vacate the sentence for terroristic threats

The statute “contemplates that a defendant will be punished for the most serious of the offenses arising out of a single behavioral incident because imposing up to the maximum punishment for the most serious offense will include punishment for all offenses.” (quotations omitted).

See 9 (stating that Minn. Stat. § 609.035 contemplates a defendant who commits multiple crimes as part of the same behavioral incident will be sentenced on the most serious offense).