Cited by
Opinions in Minnesota that cite State v. Kebaso, 713 N.W.2d 317.
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
(“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)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
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.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
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).
- A23-0163 Jose Armando Padilla v. State of Minnesota Minn. Ct. App. 2024
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A23-0163 Jose Armando Padilla v. State of Minnesota
Minn. Ct. App. 2024
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).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
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).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“[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.’” ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
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)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
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).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
1 (2018); State v. Kebaso , (“ [A] defendant will be punished for the most serious of the offenses arising out of a single behavioral incident .
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
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.
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
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).
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Minn. 2020
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.”).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
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).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
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.
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A18-1655
Minn. Ct. App. 2019
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).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
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. Branch 930 N.W.2d 455 Minn. Ct. App. 2019
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State v. Branch
930 N.W.2d 455
Minn. Ct. App. 2019
State v. Kebaso , , 322 (Minn. 2006) (quotations and citations omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
–86 (Minn. 1989); d 517, 521–22 (Minn. 1966).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
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).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
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).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
(stating that “an appellate court vacating a sentence .
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
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)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
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).
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State of Minnesota, Respondent
Minn. Ct. App. 2017
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).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
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.”
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota v. Gregory Allen Olson 887 N.W.2d 692 Minn. Ct. App. 2016
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State of Minnesota v. Gregory Allen Olson
887 N.W.2d 692
Minn. Ct. App. 2016
“[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.”
- State of Minnesota v. Travis Loren Clemmensen Minn. Ct. App. 2016
- State of Minnesota v. Travis Loren Clemmensen Minn. Ct. App. 2016
- State of Minnesota v. Luke Brandon Scott Minn. Ct. App. 2016
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State of Minnesota v. Luke Brandon Scott
Minn. Ct. App. 2016
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).
- State of Minnesota v. Maurice Deon Jackson Minn. Ct. App. 2016
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State of Minnesota v. Maurice Deon Jackson
Minn. Ct. App. 2016
(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
- State of Minnesota v. Joseph Edward Wilson Minn. Ct. App. 2016
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State of Minnesota v. Joseph Edward Wilson
Minn. Ct. App. 2016
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
- State of Minnesota v. Benjamin Paul Adams Minn. Ct. App. 2015
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State of Minnesota v. Benjamin Paul Adams
Minn. Ct. App. 2015
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
- State of Minnesota v. Tarah Louise Fichtner 867 N.W.2d 242 Minn. Ct. App. 2015
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State of Minnesota v. Tarah Louise Fichtner
867 N.W.2d 242
Minn. Ct. App. 2015
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).
- State of Minnesota v. Sean David Kilbo Minn. Ct. App. 2014
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State of Minnesota v. Sean David Kilbo
Minn. Ct. App. 2014
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).
- State of Minnesota v. Jeremy Ed Cadwell Minn. Ct. App. 2014
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State of Minnesota v. Jeremy Ed Cadwell
Minn. Ct. App. 2014
See Minn. Stat. § 609.035 (2012) (stating that “if a person’s conduct constitutes more than one offense under the laws of this state, the person may be punished for only one of the offenses and a conviction or acquittal of any one of them is a bar to prosecution for any other of them”); At trial, the district court ruled that under the facts presented the disorderly conduct offense could be submitted to the jury as a lesser included offense of the domestic assault offense.