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Although the jury found Bonnell guilty of this charge and the district court entered a conviction, the district court later vacated the conviction in accordance with Minn. Stat. § 609.04 (precluding adjudications of conviction for lesser included offenses), –67 (Minn. 1999).

The Minnesota Supreme Court has categorized an error as clerical when it “cannot reasonably be attributed to the exercise of judicial consideration or discretion.” n.4 (Minn. 1999) (quotation omitted).

may in most cases be proven only by circumstantial evidence,” rev. denied (Minn. 2 –66 (Minn. 1999) (citing Minn. Stat. § 169.13, subd.

A clerical mistake “cannot reasonably be attributed to the exercise of judicial consideration or discretion.” n.4 (Minn. 1999).

-15 (Minn. 1981) (vacating lesser of defendant’s offenses of first- and second-degree criminal sexual conduct when “ the evidence of the two distinct acts of penetration was used to convict defendant of both counts charged ”); (explaining that when a conviction is vacated pursuant to Minn. Stat. § 609.04, the underlying finding of guilt remains intact).

9 Separation of Powers “[T]he power to prescribe punishment for criminal acts is vested with the legislature and the judiciary may only impose sentences within the statutory limits prescribed by the legislature.”

16, 2014); see State v. Pflepsen , .

Spann, d at 573 (quotation omitted); (“Because the testimony and statements recorded in hearing and trial transcripts are often imprecise and unclear with respect to sentencing and conviction orders, we typically look to the official judgment of conviction, which generally appears as a separate entry in the file, as conclusive eviden

2 “Questions concerning the authority and jurisdiction of the lower courts are legal issues subject to de novo review.”

(explaining that questions concerning the authority of district courts are legal issues subject to de novo review).

App. P. 142.03 and is “determined on the merits.” “Questions concerning the authority and jurisdiction of the [district] courts are legal issues subject to de novo review.”

Even so, “a finding of guilt with respect to those lesser included offenses remains intact.”

Even so, “a finding of guilt with respect to those lesser included offenses,” the guilty verdict, “remains intact.”

See State v. Noggle , –51 (Minn. 2016) (holding that the district court was not authorized to impose a term of conditional release for an attempted crime becaus e the conditional-release statute did not include attempted violations of the enumerated statutes that were subject to such a sentence); (“[T]he power to prescribe 9 punishment for criminal acts is vested w ith the legislature and the judiciary may only impose sentences within the statutory limits prescribed by the legislature.”).

A district court typically records a conviction by making a "separate entry in the file," in writing, or, stated slightly differently, by making the conviction "appear in a judgment entered in the file,"

(stating that courts “typically lo ok to the official j udgment of conviction, which generally appears as a separate entry in the file, as conclusive evidence of whether an offense has been formally adjudicated”).

(explaining that if a jury convicts a defendant of more than one offense from a single course of conduct, “the court [is] to adjudicate formally and impose sentence on one count only.”).

He relies on caselaw that addresses “whether the defendant had been formally convicted of a particular [lesser-included] offense, not when [the] conviction occurred.” Nodes, at 81 ( ).

(stating that when a jury finds a defendant guilty of more than one offense based on a single course of conduct, the district court should “adjudicate formally and im pose sentence on one count only”).

(stating that a court does not lose jurisdiction over lesser-included offenses to which the defendant is found guilty); (holding that the proper procedure when a defendant is convicted of more than one count for the same act is for the

(stating that when a defendant is found guilty of an offense and a lesser -included offense, the district court should make a determination of guilt as to both offenses but formally convict only on the more ser ious offense, allowing the district court to retain jurisdiction over the lesser - incl

(using “the official judgment of conviction .

n.4 (Minn. 1999) (quotation omitted).

When a jury finds a defendant guilty of more than one offense based on a single course of conduct, the district court should “adjudicate formally and impose sentence on one count only.”

State v. Pflepsen , , 765 (Minn. 1999).