Cited by
Opinions in Minnesota that cite Spann v. State, 740 N.W.2d 570.
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State of Minnesota v. Nicholas James Bandur
Minn. Ct. App. 2019
“A guilty verdict alone is not a conviction.”
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State of Minnesota v. David Edward Palmer
Minn. Ct. App. 2019
While the district court’s orally pronounced sentence prevails over an inconsistent record due to clerical error, appellate courts look to the offi cial judgment of conviction in the district court file “as conclu sive evidence of whether an o ffense has been formally adjudicated.” (quotation omitted); (concluding that the district court’s oral pronouncement of a sentence controls over a writte n sentencing order if the two conflict).
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State of Minnesota v. Eric Lee Fry
Minn. Ct. App. 2019
1, see, -74 (Minn. 2007) (defining second-degree intentional murder and first-degree aggravated robbery as lesser-included offenses of first -degree felony murder).
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State of Minnesota v. Ernest Alvin Ranzy
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 v. Reuel Moshe Yehuda
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 v. Salahalldeen Avdil Hamad
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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State of Minnesota (A18-0876) (A18-1246) v. Casey Daniel Bauer (A18-0876) (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 v. Shawn Douglas Ratcliff
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 v. Rian Lynn Thibeau
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 v. Orlando Artes White Minn. Ct. App. 2019
- State of Minnesota v. Victor Wayne Lynch Minn. Ct. App. 2019
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State of Minnesota v. Michael Karl Berzins
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 v. Deddrick Terrell Whitaker
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 v. Zacharia Dahir Mohamed
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 v. Larry Donnell Griffin
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 v. Paulette Martinique Rogers
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 v. Jesus Gonzalez Sotelo
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 v. Roland Eugene Smith
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 v. Jermaine Harry Rudolph
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 v. Joseph Stevie Lewis
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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In the Matter of the Expulsion of B. L. from Independent School District No. 832, Mahtomedi Public Schools
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 v. Michael Christian Robert Foss
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 v. Benyamin Abner Israel
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 v. Mohamed Ali Elmi
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 v. Andre Lashon Carter
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 v. Daniel A. Maldonado Zepeda Minn. Ct. App. 2017
- State of Minnesota v. David Brandyn Earley Minn. Ct. App. 2017
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State of Minnesota v. Solomon Washington McIntyde
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 v. Michael Gene Johnson
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 v. Reginald Oranz Calhoun
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.