Cited by
Opinions in Minnesota that cite Spann v. State, 740 N.W.2d 570.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Additionally, “[w]hen the defendant is convicted on more than one charge for the same act the court is to adjudicate formally and impose sentence on one count only.” Spann v. State , (quotation omitted); State v. LaTourelle, 343 N.W .2d 277, 284 (Minn. 1984).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
The supreme court, however, has “held that an appellant does not waive claims of multiple convictions or sentences by failing to raise the issue at the time of sentencing.” Spann v. State
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
See Spann v. State , 10 (Minn. 2007) (stating that the offi cial judgment of conviction is “conclusive evidence of whether an offense has been formally adjudicated”).
- State v. Bauer 932 N.W.2d 47 Minn. Ct. App. 2019
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State v. Bauer
932 N.W.2d 47
Minn. Ct. App. 2019
Spann v. State , , 573 (Minn. 2007).
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A18-1246
Minn. Ct. App. 2019
An offender does not forfeit “claims of multiple convictions or sentences by failing to raise the issue at the time of sentencing.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
See Spann v. State , (stating that an appellant does not waive his ri ght to challenge an unauthorized s e n t e n c e o n a p p e a l b y failing to raise the issue at sentencing).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
(noting that written judgment of conviction provides “conclusive evidence of whether an offense has been formally adjudicated”).
- State v. Hallmark 927 N.W.2d 281 Minn. 2019
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State v. Hallmark
927 N.W.2d 281
Minn. 2019
Spann v. State , , 573-74 (Minn. 2007).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
(stating that an appellant does not waive his right to challenge an unauthori zed sentence on appeal by failing to raise the issue at sentencing).
- State v. Black 919 N.W.2d 704 Minn. Ct. App. 2018
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State v. Black
919 N.W.2d 704
Minn. Ct. App. 2018
Spann v. State , , 573 (Minn. 2007).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
(stating that the failure to raise the same-behavioral-incident challenge at sentencing did not result in forfeiture).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
(holding defendant “does not waive claims of multiple convictions or sentences by failing to raise the issue at the time of sentencing”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
See Spann v. State , (“When the defendant is convicted on more than one charge for the same act the court is to adjudicate formally and impose sentence on one count only.” (quotation omitted)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
See Spann v. State , (stating that “an appellant does not waive claims of multiple convictions or sentences by failing to raise the issue at the time of sentencing”); see also Minn. R. Crim.
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
Appellate courts “look to the official judgment of conviction in the district court file as conclusive evidence of whether an offense has been formally adjudicated.” (quotations omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“When the defendant is convicted on more than one charge for the same act, the court is to adjudicate formally and impose sentence on one count only.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“When the defendant is convicted on more than one charge for the same act the court is to adjudicate formally and impose sent ence on one count only.” Spann v. State , (quotation omitted).
- State v. Walker 913 N.W.2d 463 Minn. Ct. App. 2018
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State v. Walker
913 N.W.2d 463
Minn. Ct. App. 2018
See *467 Spann v. State , , 573 (Minn. 2007) (noting that a written judgment of conviction provides "conclusive evidence of whether an offense has been formally adjudicated" (quoting State v. Pflepsen , , 766 (Minn. 1999) ) ).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
This court “look[s] to the official judgment of conviction in the district court file as conclusive evidence of whether an offense has been formally adjudicated.” (quotations omitted).
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A17-1228
Minn. Ct. App. 2018
See Minn. Stat. § 14.69 (authorizing modification); see, e.g., Spann v. State , -74 (Minn. 2007) (vacating convictions for lesser- included offenses).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“[A]n appellant does not waive claims of multiple convictions or sentences by failing to raise the issue at the time of sentencing.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
(“[A]n appellant does not waive claims of multiple convictions or sentences by failing to raise the issue at the time of sentencing.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“When the defendant is convicted on more than one charge for the same act the court is to adjudicate formally and impose sentence on one count only.” Spann v. State , (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
(stating that a reviewing court may “look to the official judgment of conviction in the district court file as conclusive evidence of whether an offense has been formally adjudicated” (quotations omitted)).
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“When the defendant is convicted on 6 more than one charge for the same act the court is to ad judicate formally and impose sentence on one count only.” Spann v. State , (alterations omitted) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Appellate courts “look to the official judgme nt of conviction in the district court file as conclusive evidence of whether an offense has been formally adjudicated.” (quotation omitted ).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
1(4), defines “[a]n included offense” as “[a] crime necessarily proved if the crime charged were proved.” Additionally, “[w]hen the defendant is convicted on more than one charge for the same act the court is to adjudicate formally and impose sentence on one count only.” (alterations omitted) (quotation 17 omitted)
- State of Minnesota v. Noor Muhina Salim Minn. Ct. App. 2017
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State of Minnesota v. Noor Muhina Salim
Minn. Ct. App. 2017
The supreme court, however, has “held that an appellant does not waive claims of multiple convictions or sentences by failing to raise the issue at the time of sentencing.” (noting that a defendant cannot waive objection to Double Jeopardy violations).
- State of Minnesota v. Tchad Tu Henderson 890 N.W.2d 739 Minn. Ct. App. 2017
- State of Minnesota v. Tchad Tu Henderson 890 N.W.2d 739 Minn. Ct. App. 2017
- State of Minnesota v. Ramsey Louis Kettle Minn. Ct. App. 2016
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State of Minnesota v. Ramsey Louis Kettle
Minn. Ct. App. 2016
d 570, 573 (Minn. 2007) (directing this court to examine the warrant of commitment to determine whether an offense has been formally adjudicated).
- State of Minnesota v. Jose Amador Molina Minn. Ct. App. 2016
- Enamidem Celestine Okon v. State of Minnesota Minn. Ct. App. 2016
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Enamidem Celestine Okon v. State of Minnesota
Minn. Ct. App. 2016
(noting that appellate courts may look to the judgment of conviction to determine if an offense has been formally adjudicated).
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State of Minnesota v. Jose Amador Molina
Minn. Ct. App. 2016
“When the defendant is convicted on more than one charge for the same act the court is to adjudicate formally and impose sentence on one count only.” (alteration in original) (quotation omitted).
- State of Minnesota v. Ashley Ann Johnson Minn. Ct. App. 2016
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State of Minnesota v. Ashley Ann Johnson
Minn. Ct. App. 2016
Johnson contends that although the “typical procedure in situations involving impermissible multiple convictions or sentences is to vacate the conviction for the lesser-degree offense or to vacate the less severe sentence,” see, –74 (Minn. 2007), vacating the third-degree conviction and upholding the first-degree conviction may violate her due-process rights in this case.
- State of Minnesota v. Ian Christopher Mitchell 881 N.W.2d 558 Minn. Ct. App. 2016
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State of Minnesota v. Ian Christopher Mitchell
881 N.W.2d 558
Minn. Ct. App. 2016
(“[The supreme court] ha[s] held that an appellant does not waive claims of multiple convictions or sentences by failing to raise the issue at the time of sentencing.” ()).
- State of Minnesota v. Doan Meshell Engel Minn. Ct. App. 2016