Cited by
Opinions in Minnesota that cite State v. Jackson, 363 N.W.2d 758.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
12 also forbids “multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.” State v. Clark , (quoting State v. Jackson , ).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
But because section 609.04 “bars multiple conviction s under different sections of a criminal statute for acts committed during a single behavioral incident,” we remand for the district c ourt to exercise its discretion in determining which one of appellant’s criminal-sexual-conduct convictions to vacate and for resentencing.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
(4) A crime necessarily proved if the crime charged were proved.” We have held that section 609.04 forbids “ multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.” Clark, d at 170 ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
The supreme court has interpreted section 609.04 to “bar[] multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.” (citing cases); -54 (Minn. App. 2009), review denied (Minn. Aug.
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
We have consistently he ld that Minn. Stat. § 6 09.04 (2016) “b ars multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.” State v. Jackson
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
Section 609.04 has been interpreted to bar “multiple convictions u nder different sections of a criminal statute for acts committed during a single behavioral incident.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
Minnesota courts have also held that Minn. Stat. § 609.04 “bars multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.” (“If the lesser offense is a lesser degree .
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
See Hackler, d at 559; (“[S]ection 609.04 bars multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“[S]ection 609.04 bars multip le convictions under different sections of a criminal statute for acts committed during a single behavioral incident.” (footnote omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
d 758, 760 n.4 (Minn. 1985).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
The statute also forbids “multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
The Minnesota Supreme Court has interpreted section 609.04 to “bar[] multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
1 (2012) provides: “Upon prosecution for a crime, the actor may be convicted of either the crime charged or an included offense, but not both.” This statute “bars multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.”
- State of Minnesota v. Tchad Tu Henderson 890 N.W.2d 739 Minn. Ct. App. 2017
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State of Minnesota v. Tchad Tu Henderson
890 N.W.2d 739
Minn. Ct. App. 2017
We conclude that it was error for the district court to enter conviction on count 1.3 Minn. Stat. § 609.04 (2012) “bars multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.”
- 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
The statute also forbids “multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.”
- State of Minnesota v. Euric Ards Minn. Ct. App. 2016
- State of Minnesota v. Jose Amador Molina Minn. Ct. App. 2016
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State of Minnesota v. Euric Ards
Minn. Ct. App. 2016
-55 (Minn. 1978) (holding that convictions for similar offenses with different elements arising out of same conduct was proper).
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State of Minnesota v. Jose Amador Molina
Minn. Ct. App. 2016
1(4), defines an included offense as “[a] crime necessarily proved if the crime charged were proved.” Minn. Stat. § 609.04 also “bars multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.”
- State of Minnesota v. Joseph Benjamin Klanderud Minn. Ct. App. 2016
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State of Minnesota v. Joseph Benjamin Klanderud
Minn. Ct. App. 2016
Section 609.04 also forbids “multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.” (stating that where two convictions arising out of a single behavioral incident are formally adjudicated, section 609.04 should be applied to vacate one of the formally adjudicated convictions).
- State of Minnesota v. Bret Emery Vansickel Minn. Ct. App. 2016
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State of Minnesota v. Bret Emery Vansickel
Minn. Ct. App. 2016
2 (2014) provides that “[a] conviction or acquittal of a crime is a bar to further prosecution of any included offense, or other degree of the same crime.” The statute “bars multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.”
- State of Minnesota v. Walter Wayne Urban Minn. Ct. App. 2016
- State of Minnesota v. Walter Wayne Urban Minn. Ct. App. 2016
- State of Minnesota v. Bruce Everett Boyd Minn. Ct. App. 2016
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State of Minnesota v. Bruce Everett Boyd
Minn. Ct. App. 2016
“[S]ection 609.04 bars multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.”
- State of Minnesota v. Jesse B. Bennett Minn. Ct. App. 2016
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State of Minnesota v. Jesse B. Bennett
Minn. Ct. App. 2016
1 (2012), states that “[u]pon prosecution for a crime, the actor may be convicted of either the crime charged or an included offense, but not both.” Minn. Stat. § 609.04 also “bars multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.”
- State of Minnesota v. Cheng Pao Vue Minn. Ct. App. 2016
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State of Minnesota v. Cheng Pao Vue
Minn. Ct. App. 2016
The supreme court “ha[s] consistently held that section 609.04 bars multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.”
- State of Minnesota v. Asa James Kingsbury Minn. Ct. App. 2015
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State of Minnesota v. Asa James Kingsbury
Minn. Ct. App. 2015
Minn. Stat. § 609.04 (2014) also forbids “multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.” State v. 8 Jackson
- State of Minnesota v. Andrew Laverne DeBerry Minn. Ct. App. 2015
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State of Minnesota v. Andrew Laverne DeBerry
Minn. Ct. App. 2015
“[S]ection 609.04 bars multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.”
- State of Minnesota v. Michael James Berry Minn. Ct. App. 2015
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State of Minnesota v. Michael James Berry
Minn. Ct. App. 2015
This sentencing is in violation of section 609.04, which prohibits ‘“multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.’” Clark, d at 170 ().
- State of Minnesota v. Jason Ty Anderson Minn. Ct. App. 2015
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State of Minnesota v. Jason Ty Anderson
Minn. Ct. App. 2015
of a crime is a bar to further prosecution of any included offense, or other degree of the same crime.” (ruling that section 609.04 prohibits “multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident”).
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State of Minnesota v. Claude Riley Crockson, Jr.
854 N.W.2d 244
Minn. Ct. App. 2014
Appellate courts “have consistently held that [Minn. Stat. §] 609.04 bars multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.” -27 (Minn. App. 1997), review denied (Minn. May 28, 1997) (prohibiting multiple convictions for violating multiple provisions of a statute by commission of a single criminal act).
- State v. Chavarria-Cruz 839 N.W.2d 515 Minn. 2013
- State v. Castillo-Alvarez 820 N.W.2d 601 Minn. Ct. App. 2012
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State v. Castillo-Alvarez
820 N.W.2d 601
Minn. Ct. App. 2012
(stating that section 609.04, which addresses lesser-included offenses, “expressly prohibits multiple convictions which might not be prohibited by the [federal] Double Jeopardy Clause”); State v. Johnson, 273 Minn. 394, 399-400 , (discussing section 609.035 and concluding th
- State v. Pettee 538 N.W.2d 126 Minn. 1995
- State v. Clark 486 N.W.2d 166 Minn. Ct. App. 1992
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State v. Clark
486 N.W.2d 166
Minn. Ct. App. 1992
Nonetheless, section 609.04 forbids “multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.”