Cited by
Opinions in Minnesota that cite State v. Bookwalter, 541 N.W.2d 290.
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Marlow Shelton McDonald v. State of Minnesota
Minn. Ct. App. 2026
The determination of whether multiple offenses are part of a single course of conduct “depends on the facts and circumstances of the particular case.”
- State of Minnesota v. Melvin Bilbro Minn. 2025
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State of Minnesota v. Melvin Bilbro
Minn. 2025
One “purpose of this statute is ‘to limit punishment to a single sentence where a single behavioral incident result[s] in the violation of more than one criminal statute.’ ” (alteration in original) (quoting Minn. Stat. § 609.035 advisory comm.
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State of Minnesota v. Troy Lee Rorman
Minn. Ct. App. 2025
“Whether multiple offenses arose out of a single behavior[al] incident depends on the facts and circumstances of the particular case.”
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State of Minnesota v. Oscar Elias Padilla Jovel
Minn. Ct. App. 2025
Thus, first -degree criminal sexual conduct requires the “general intent to sexually penetrate the victim.” State v. Bookwalter
- State of Minnesota v. John Warren Harris Minn. Ct. App. 2024
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State of Minnesota v. David Wokeph Natee
Minn. Ct. App. 2024
(quotation omitted), and “depends on the facts and circumstances of [a] particular case.” ().
- State of Minnesota v. Devin Matthew Weiland Minn. Ct. App. 2024
- State of Minnesota v. Devin Matthew Weiland Minn. Ct. App. 2024
- Thomas Robert Tichich v. State of Minnesota Minn. 2024
- State of Minnesota v. John Ishmael Bradley, III Minn. 2024
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State of Minnesota v. John Ishmael Bradley, III
Minn. 2024
As we have previously recognized, generally, “if a defendant commits multiple offenses against the same victim during a single behavioral incident, Minn. Stat. § 609.035 provides that the defendant may be sentenced for only one of those offenses.”
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Thomas Robert Tichich v. State of Minnesota
Minn. 2024
see Minn. Stat. § 609.035, subd.
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State of Minnesota v. Cortez Deon Banks
Minn. Ct. App. 2023
In State v. Bookwalter, the defendant’s two offenses of criminal sexual conduct and attempted murder lacked a single criminal objective in part because the offenses required different criminal intents and were not part of “prearranged program of events.” -96 (Minn. 1995).
- State of Minnesota v. Malique Isiah Shaqur Hanson Minn. Ct. App. 2023
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State of Minnesota v. Malcolm Jacob Wilson
Minn. Ct. App. 2023
Subdivision 1 of Minn. Stat. § 609.035 provides that, “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.” This prohibition against multiple punishments applies only if the multiple offenses arose out of “a single behavioral incident.” 3 (Minn. 1995); see Minn. Sent’g Guidelines cmt.
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State of Minnesota v. Christopher Allen Hitchcock
Minn. Ct. App. 2022
4 against multiple punishment applies only if the offenses arose out of “a single behavioral incident.”
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State of Minnesota v. Norbert Pius D’Cruz
Minn. Ct. App. 2022
(stating that first- degree criminal sexual conduct requires a showing of “the general intent to sexually penetrate the victim”).
- State of Minnesota v. Tony James Hewitt Minn. Ct. App. 2022
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State of Minnesota v. Matthew Dennis Smith
Minn. Ct. App. 2022
This prohibition against multiple punishment applies only if the offenses arose out of “a single behavioral incident.” d 290, 294 (Minn. 1995).
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Marlow Shelton McDonald v. State of Minnesota
Minn. Ct. App. 2021
This prohibition against multiple punishment applies only if the multiple offenses arose out of “a single behavioral incident.”
- State of Minnesota v. Joseph Thomas Saari Minn. Ct. App. 2021
- State of Minnesota v. Terrvante Rennicko Hicks Minn. Ct. App. 2021
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State of Minnesota v. Joshua Lewis Duane Dow
Minn. Ct. App. 2021
Under the avoidance -of- apprehension doctrine, a defendant cannot be subject to multiple punishment s or prosecutions when a second offense was committed “in an attempt to avoid apprehension for the first offense.”
- State of Minnesota v. Matthew Henry Peterson Minn. Ct. App. 2020
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Raymond Cortez Steward,
Minn. 2020
The purpose of section 609.035 is “to limit punishment to a single sentence where a single behavioral incident result[s] in the violation of more than one criminal statute.” State v. Bookwalter , (alteration in original).
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State of Minnesota v. Jeffrey Alan Korolchuk
Minn. Ct. App. 2020
11(b) (2016); -96 (Minn. 1995) (concluding that first- degree sexual conduct is a general intent crime) .
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State of Minnesota v. Arthur Rafie Mullins
Minn. Ct. App. 2020
First -degree criminal sexual conduct requires “the general intent to sexually penetrate the victim.” State v. Bookwalter
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State of Minnesota v. Willie B. Brown, Jr.
Minn. Ct. App. 2020
E.g., State v. Bookwalter , (holding that first -degree criminal sexual conduct and attempted murder were separate offenses and not part of a single behavioral incident even though both offenses were com mitted against the same victim and at locations less than two miles apart); State v. Stevenson , (Minn. 1
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State of Minnesota v. Rashad Ramon Ivy
Minn. Ct. App. 2020
“[I]f a defendant commits multiple offenses against the same victim during a single behavioral 8 incident, Minn. Stat. § 609.035 provides that the defendant may be sentenced for only one of those offenses.”
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State of Minnesota,
Minn. 2020
The purpose of section 609.035 is “to limit punishment to a single sentence where a single behavioral incident result[s] in the violation of more than one criminal statute.” State v. Bookwalter , (citation omitted) (internal quotation marks omitted) .
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State of Minnesota v. Billy Gene Hunt
Minn. Ct. App. 2020
d 290, 294 (Minn. 1995).
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Minn. 2019
The purpose of section 609.035 is “to limit punishment to a single sentence where a single behavioral incident result[s] in the violation of more than one criminal statute.” State v. Bookwalter , (citation omitted) (internal quotation marks omitted).
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State of Minnesota v. Blake Charles Patton
Minn. Ct. App. 2019
1 (2016); see State v. Bookwalter , 4 (Minn. 1995) (stating tha t “the prohibition against multiple punishment contained in Minn. Stat. § 609.035 applies only if the multiple offenses arose out of a single behavioral incident”).
- State of Minnesota (A18-1655) (A18-1490) v. Brian Joseph Andvik (A18-1490) (A18-1655) Minn. Ct. App. 2019
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State of Minnesota v. Jeffrey Darin Bean
Minn. Ct. App. 2019
“Whether multiple offenses arose out of a single behavior incident depends on the facts and circumstances of the particular case.”
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State of Minnesota v. Deshawn Devontae Lamar Wilson
Minn. Ct. App. 2019
A district court may impose multiple sentences “ if there were multiple victims, as long as the imposition of multiple sentences does not unfairly exag gerate the criminality of the defendant's conduct.”
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State of Minnesota v. Michael Anthony Pitts
Minn. Ct. App. 2019
“Whether multiple offenses arose out of a single behavior incident depen ds on the facts and circumstances of the particular case.”
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State of Minnesota v. Cressdina Danika Bondeson
Minn. Ct. App. 2019
.”); -94 (Minn. 1995) (using the phrase “single behavioral incident” to explain the rule of section 609.035).
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State of Minnesota v. Juan Andres Gonzalez, Jr.
Minn. Ct. App. 2019
“Whether multiple offenses arose out of a single behavior[al] incident depends on the facts and circumstances of the particular case.”
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State of Minnesota v. Darren Heath Degroot
Minn. Ct. App. 2019
But “the essential ingredient” is “whether the segment of conduct involved was motivated by an effort to o btain a single criminal objective.” (quotation omitted) (emphasis omitted).
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State of Minnesota v. Phillip Joseph Porter
Minn. Ct. App. 2019
“Whether multiple offenses arose out of a single behavioral inc ident depends on the facts and circumstances of [a] particular case.” State v. Bookwalter
- State of Minnesota v. Michael Karl Berzins Minn. Ct. App. 2019
- State of Minnesota v. Dawda Jeng Minn. Ct. App. 2019
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State of Minnesota v. Erik Wilford Domier
Minn. Ct. App. 2019
–86 (Minn. 1989); d 517, 521–22 (Minn. 1966).
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State of Minnesota v. Joshua John Blanchard
Minn. Ct. App. 2018
See, e.g., Bakken, d at 270 -71; Bauer, d at 828 -31; State v. Bookwalter , -96 (Minn. 1995).
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State of Minnesota v. Antwan Mister Carpenter
Minn. Ct. App. 2018
mit that crime.” 2 “For example, when arson is the means by which the defendant commits a murder, the defendant may not be sentenced both for the murder and for the arson, because the time and place of the o ffenses coincide and because the defendant is motivated by an effort to obtain a single criminal objective.” State v. Bookwalter
- State v. Holloway 916 N.W.2d 338 Minn. 2018
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State v. Holloway
916 N.W.2d 338
Minn. 2018
at 302 ; see also State v. Bookwalter , , 296 (Minn. 1995) (stating that criminal sexual conduct in the first degree requires "the general intent to sexually penetrate the victim").
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State of Minnesota v. Erik Walden Narveson
Minn. Ct. App. 2018
17 Criminal sexual conduct has been considered a separate behavioral incident when it was not part of “a single criminal objective” underlying multiple offenses, and it “was not a necessary prelude to any other crime.” State v. Bookwalter , -96 (Minn. 1995).