Cited by
Opinions in Minnesota that cite State of Minnesota v. Timothy John Bakken, 883 N.W.2d 264.
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A25-1390
Minn. Ct. App. 2026
ances which do not apply here, “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.” The supreme court has explained that “the law generally prohibits multiple sentences, even concurrent sentences, for two or more offenses that were committed as part of a single behavioral incident.” (quotation omitted).
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Court of Appeals State of Minnesota, Respondent, vs. Ge Yang, Appellant. Gaïtas, J. Dissenting, Moore, III, McKeig, Hennesy, …
Minn. 2026
(“Offenses are part of a single course of conduct if the offenses occurred at substantially the same time and place and were motivated by a single criminal objective.”); (clarifying that, when two or more offenses occur in substantially the same place, “we consider [only] whether the offenses occurred at substantially the same time, and whether they were motivated by an effort to obtain a single criminal objective”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
“Whether the offenses were part of a single behavioral incident is a mixed question of law and fact[.]”
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
Whether multiple offenses occurred during “a single behavioral incident is a mixed question of law and fact.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
14 effort to obtain a single criminal objective.” (quotations and citations omitted).
- State of Minnesota, Appellant, Minn. Ct. App. 2026
- State of Minnesota v. Frank John Rakowiecki Minn. Ct. App. 2026
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State of Minnesota v. Frank John Rakowiecki
Minn. Ct. App. 2026
umstances that do not apply here, “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.” The supreme court has explained that “the law generally prohibits multiple sentences, even concurrent sentences, for two or more offenses that were committed as part of a single behavioral incident.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
To determine whether offenses arose from a single course of conduct, the court must consider (1) “whether the offenses occurred at substantially the same time and place and (2) whether the conduct was motivated by an effort to obtain a single criminal objective.” (addressing whether offenses arose out of a “single behavioral incident”) (citation and quotation omitted); (applying 13 the “single behavioral incident” analysis to the question whether prior offenses involving multiple victims arose f
- State of Minnesota v. Jim Duramax Whitcomb Minn. Ct. App. 2026
- State of Minnesota v. Jim Duramax Whitcomb Minn. Ct. App. 2026
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
And even assuming that the illicit materials were stored on different SIM cards, the negligible distinction between an image being stored in digital form on one card and a different image being stored on another card found in the same physical location within Gilfillan’s home is too intangible for us to conclude that each image or video was kept in a different “place.” (identifying the “place” where the defendant committed multiple child-pornography offenses as “his bedroom in his mother’s house
- State of Minnesota v. Edward James Lafore, Jr. Minn. Ct. App. 2025
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State of Minnesota v. Edward James Lafore, Jr.
Minn. Ct. App. 2025
mstances that do not apply here, “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.” The supreme court has explained that “the law generally prohibits multiple sentences, even concurrent sentences, for two or more offenses that were committed as part of a single behavioral incident.” (quotation omitted) (describing the application of an 33 identical version of Minn. Stat. § 609.035, subd.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
The state bears the burden to prove, “by a preponderance of the evidence, that a defendant’s offenses were not part of a single behavioral incident.”
- State of Minnesota v. Logan Hunter Vagle Minn. 2025
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State of Minnesota v. Logan Hunter Vagle
Minn. 2025
by exercising discretion to not pursue criminal charges in appropriate circumstances.”); –72 D-15 (Minn. 2016) (observing that, in some circumstances, application of a statute “may counsel the cautious exercise of prosecutorial discretion” and “harsh results of the statute can be modified by the charging authorities” (citation omitted) (internal quotatio
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Appellant,
Minn. Ct. App. 2025
“The state bears the burden of proving, by a preponderance of the evidence, that a defendant’s offenses were not part of a single behavioral incident.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
“Whether the offenses were part of a single behavioral incident is a mixed question of law and fact, so [appellate courts] review the district court’s findings of fact for clear error and its application of the law to those facts de novo.”
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A24-0781
Minn. Ct. App. 2025
Whether an offense was committed as “part of a single behavioral incident is a mixed question of law and fact, so we review the district court’s findings of fact for clear error and its application of the law to those facts de novo.”
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Masami Kiya, petitioner, Respondent,
Minn. Ct. App. 2025
The legislature’s use of “or” matters here because that conjoining term “is typically read as disjunctive.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
1, “generally prohibits multiple sentences, even concurrent sentences, for two or more offenses that were committed as part of a single behavioral incident.” see Minn. Stat. § 609.035, subd.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
To determine a single criminal objective, the court examines “the relationship of the offenses to one another,” and whether the acts were “necessary to or incidental to the commission of a single crime and motivated by an intent to commit that crime.” -71 (Minn. 2016) (quotations and citations omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2025
- State of Minnesota, Respondent, Minn. Ct. App. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
Whether multiple offenses occurred during “a single behavioral incident is a mixed question of law and fact.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
When a district court imposes multiple sentences, “[t]he State bears the burden of proving, by a preponderance of the evidence, that a defendant’s offenses were not part of a single behavioral incident.”
- State of Minnesota v. Edin Gaspar Cruz Flores AKA Marcelino Rivera Rodriguez Minn. Ct. App. 2024
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State of Minnesota v. Edin Gaspar Cruz Flores AKA Marcelino Rivera Rodriguez
Minn. Ct. App. 2024
When a district court imposes multiple sentences, “[t]he State bears the burden of proving, by a preponderance of the evidence, that a defendant’s offenses were not part of a single behavioral incident.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
“[T]he law generally prohibits multiple sentences, even concurrent sentences, for two or more offenses that were committed as part of a single behavioral incident.” (quotation omitted ).
- State of Minnesota v. Michael Adam Davis Minn. Ct. App. 2024
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State of Minnesota v. Michael Adam Davis
Minn. Ct. App. 2024
To determine whether multiple prior offenses formed a single course of conduct, appellate courts consider two factors: “(1) whether the offenses occurred at substantially the same time and place, and (2) whether the conduct was motivated by an effort to obtain a single criminal objective.” (quotations omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
Whether multiple offenses occurred during the same behavioral incident presents “a mixed question of law and fact.” Our nonprecedential opinions have followed suit.
- State of Minnesota v. Damarcus Deontay Holloway Minn. Ct. App. 2024
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State of Minnesota v. Damarcus Deontay Holloway
Minn. Ct. App. 2024
Because the two offenses at issue both involve an intent element, 4 we determine whether they are part of the same behavioral incident by evaluating whether: (1) “the offenses occurred at substantially the same time and place,” and (2) the conduct “was motivated by an effort to obtain a single criminal objective.” (quotations omitted).
- State of Minnesota v. Rafael Antonio Segura-Arroyo Minn. Ct. App. 2024
- State of Minnesota v. Rafael Antonio Segura-Arroyo Minn. Ct. App. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
Minn. Sent’g Guidelines 2.B.3.c, d. “The State bears the burden of proving, by a preponderance of the evidence, that a defendant’s offenses were not part of a single behavioral incident.”
- State of Minnesota v. Gregory Steven Proell, Jr. Minn. Ct. App. 2024
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State of Minnesota v. Gregory Steven Proell, Jr.
Minn. Ct. App. 2024
see also State v. O’Meara, (stating that a district court’s decision as to whether multiple offenses were committed as part of a single behavioral incident for the purpose of section 609.035 entails factual determinations that will not be reversed unless clear
- State of Minnesota v. Mainza Lombe Malambo Minn. Ct. App. 2023
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State of Minnesota v. Mainza Lombe Malambo
Minn. Ct. App. 2023
d 264, 270 (Minn. 2016).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
19, 1993); (stating that litigants are bound on appeal by the theory or theories raised below), aff’d
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
5 “[T]he law generally ‘prohibits multiple sentences, even concurrent sentences, for two or more offenses that were committed as part of a single behavioral incident.’” (d 586, 589 (Minn. 2012)); see also Minn. Stat. § 609.035, subd.
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“Whether the offenses were part of a single behavioral incident is a mixed question of law and fact, so we review the district court’s findings of fact for clear error and its application of the law to those facts de novo.” State v. Bakken
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Moreover, caselaw on possessing child pornography suggests, and Sanders does not dispute, that the state may charge a defendant with a separate count of using a minor in a pornographic work for “each individual pornographic work” given the statutory reference to a singular “work.” -69 (Minn. 2016).