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To verify the defendant’s understanding, a district court’s advisory on the right to a trial by jury “must be accompanied by searching questions.” State v. Osborne , (quotation omitted).

We have stated that “[w]e cannot expect a defendant to foresee a new rule of law.”

(“A defendant may not be convicted of both the charged offense and a lesser-included offense for the same criminal act.”).

Prevo also relies on State v. Osborne to explain the rationale for prohibiting the use of conduct underlying one conviction for which a defendant was sentenced to support an upward sentencing departure for a separate conviction—that “a defendant should not be punished twice for the same conduct.”

A criminal defendant’s waiver of the right to counsel must be “knowing, voluntary, and intelligent.” -44 (Minn. 2006); see also Minn. R. Crim.

(advising that a court should ask “searching questions to be satisfied that the defendant was informed of his rights [to a jury trial] and that the waiver was voluntary” (quotations omitted)).

Reimer, counters that any factual determination made by a court that results in a higher sentence for a criminal defendant is per se prejudicial.

suffered are an essential element of the offense of convicti on” and thus “can’t also be the basis for a decision to depart based on par ticular cruelty.” Easton relies on State v. Osborne , in which the supreme court stated that “the elements of an offense cannot be used as a ggravating factors to impose an upward sentencing departure for that same offense.” Id.

State v. Osborne , , 441 (Minn. 2006).

But as the state acknowledges, “the Minnesota Supreme Court has held that this issue generally is not waived or forfeited by fail ing to raise it before the district court.” n.3 (Minn. 2006) (stating that “the statutory protection against multiple sentencing” under section 609.035 “is not forfeited by failing to raise the issue in the district court”).

(“[E]rrors—even those affecting constitutional rights—can be forfeited for purposes of appeal by failure to make a timely objection .

See State v. Beaulieu , n.5 (Minn. 2015); State v. Osborne

Ayala -Leyva points us to the 268- for conspiring to commit first-degree sale and other controlled-substance offenses as proof that his sentence is excessive .

State v. Osborne , , 440 (Minn. 2006).

See State v. Osborne , , 441 n.3 (Minn. 2006) ("[T]he statutory protection against multiple sentencing ...

(“[E]lements of an offense cannot be used as a ggravating factors to impose an upward sentencing departure for that same offense.”).

“As a general rule, district court errors — even those affecting constitutional rights — can be forfeited for *867 purposes of appeal by the failure to make a timely objection in the district court.”

See Lakes, 2014 WL 2013386, at *6 ().

n.3 (Minn. 2015) (distinguishing between waiver, “the intentional relinquishment or abandonment of a known right,” and forfeiture, “the failure to make the timely assertion of a right”); (explaining that “forfeiture is nothing more than one form of waiver, that is, waiver by silence”).

Under Blakely, “any fact that is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted to by the defendant or proved to a jury beyond a reasonable doubt.”

ant’s one “underlying motivation” for two acts of penetration was “to satisfy his perverse sexual needs,” although “[d]efendant moved the victim to a different place before 4 Although Larson raises his sentencing argument for the first time on appeal, the statutory protection against multiple sentencing “is not forfeited by failing to raise the issue in the district court.” n.3 (Minn. 2006).