Cited by

enses were not part of a single behavioral incident.” State v. Bakken, 3 Although appellant did not raise this issue in the district court, “[a] defendant does not waive relief from multiple sentences or convictions arising from the same behavioral incident by failing to raise the issues at the time of sentencing.” d 166, 170 (Minn. App. 1992) ().

9 (stating that an unauthorized sentence may be corrected at any time); (stating that failure to raise section 609.035 issue at sentencing did not waive the issue).

t the district court “erred when it imposed sentences for counts three and five, because those offenses arose out of the same behavioral incident as count two.” Warner did not raise this issue at the time of sentencing, but Warner’s “failure to raise this issue at the time of sentencing does not constitute a waiver barring him from later raising the issue and obtaining relief.”

(citing multiple cases for the proposition that “the prohibition against double punishment in section 609.035 cannot be [forfeited]”).

See Ture v. State , , 524 (Minn. 13 1984) (concluding that evidence of identification from “mug shots” was “unfortunate” but not prejudicial).

-28 (Minn. 1979); but see Ture v. State , (concluding that testifying police officer’s reference to questioning defendant in another incident justified a curative instruction but not a mistrial).

(holding that new trial was not warranted where defendant declined to have district court give curative instruction because it would only highlight the testimony); see also Manthey, d at 506 (noting that a curative instruction can have the effect of drawing further attention to an 8 all

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).

d 518, 525 (Minn. 1984) (stating that justification for an upward sentencing departure is dependent upon “whether [the] defendant committed the crime in question .

(“[The supreme court] ha[s] held that an appellant does not waive claims of multiple convictions or sentences by failing to raise the issue at the time of sentencing.” ()).

d 661, 675-76 (Minn. 1998) (ruling that the district court did not abuse its discretion by denying a mistrial motion when the court took steps to minimize the prejudicial effect of improper statements); (upholding denial of mistrial motion when jury received curative instruction after a witness referred to defendant’s other criminal conduct).

(“[D]efendant simply had not gone far enough to distinguish his conduct from that of any other violent rapist’s conduct at an identical stage.”).

See, 523 (Minn.1984) (affirming a more-than-double dura-tional departure where the defendant forced the victim to commit fellatio and to submit to cunnilingus and sexual intercourse); -39 (Minn.App.2008) (holding that the variety of sexual acts to which the victim was exposed w

4 (concluding that whether an upward departure is justified “depends on whether defendant committed the crime in question ...

State v. White, 300 Minn. 99, 105-106

-28 (Minn.1979); (finding that testifying police officer’s reference to questioning defendant in another incident justified a curative instruction but not a mistrial).

Id.; , (Minn.1984) (holding defendant’s failure to raise the multiple sentencing issue at the time of sentencing does not constitute a waiver barring him from later raising the issue and obtaining relief); (vacating defendant’s sentence for assault in the third degree und

See DeWald, -04 (similar incident occurring three weeks after charged offense); -22 (Minn.1984) (similar incidents occurring within days after charged offense).

(departure justified on grounds that the defendant there had ejaculated into the victim’s mouth).

for rev. denied (Minn. July 17, 1985) (this court “will not determine whether a conviction should be vacated unless the issue is first presented to the trial court”) (-23 (Minn.1984); ).