Cited by

Opinions in Minnesota that cite State v. Bookwalter, 541 N.W.2d 290.

153 citing documents.

  • State of Minnesota v. Melvin Bilbro Minn. 2025
  • 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.
  • State of Minnesota, Appellant, 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.”
  • State of Minnesota, Respondent, 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, Respondent, Minn. Ct. App. 2024
  • State of Minnesota, Respondent, 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
  • 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.”
  • Thomas Robert Tichich v. State of Minnesota Minn. 2024
    see Minn. Stat. § 609.035, subd.
  • State of Minnesota, Respondent, 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, Respondent, Minn. Ct. App. 2023
  • A22-0586 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.
  • State of Minnesota, Respondent, Minn. Ct. App. 2022
    4 against multiple punishment applies only if the offenses arose out of “a single behavioral incident.”
  • State of Minnesota, Respondent, 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, Respondent, Minn. Ct. App. 2022
  • State of Minnesota, Respondent, 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).
  • Marlow Shelton McDonald, petitioner, Appellant, 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, Respondent, Minn. Ct. App. 2021
  • State of Minnesota, Respondent, Minn. Ct. App. 2021
  • State of Minnesota, Respondent, 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, Respondent, Minn. Ct. App. 2020
  • 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).
  • State of Minnesota, Respondent, Minn. Ct. App. 2020
    11(b) (2016); -96 (Minn. 1995) (concluding that first- degree sexual conduct is a general intent crime) .
  • State of Minnesota, Respondent, Minn. Ct. App. 2020
    First -degree criminal sexual conduct requires “the general intent to sexually penetrate the victim.” State v. Bookwalter
  • A19-1493 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
  • State of Minnesota, Respondent, 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.”
  • 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) .
  • State of Minnesota, Respondent, Minn. Ct. App. 2020
    d 290, 294 (Minn. 1995).
  • 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).
  • State of Minnesota, Respondent, 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”).
  • A18-1655 Minn. Ct. App. 2019
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    “Whether multiple offenses arose out of a single behavior incident depends on the facts and circumstances of the particular case.”
  • State of Minnesota, Respondent, 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.”
  • State of Minnesota, Respondent, vs. Michael Anthony Pitts, Appellant. 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.”
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    .”); -94 (Minn. 1995) (using the phrase “single behavioral incident” to explain the rule of section 609.035).
  • State of Minnesota, Respondent, 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.”
  • State of Minnesota, Respondent, 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).
  • A18-0659 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, Respondent, Minn. Ct. App. 2019
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    –86 (Minn. 1989); d 517, 521–22 (Minn. 1966).
  • State of Minnesota, Respondent, Minn. Ct. App. 2018
    See, e.g., Bakken, d at 270 -71; Bauer, d at 828 -31; State v. Bookwalter , -96 (Minn. 1995).
  • State of Minnesota, Respondent, 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
  • 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").
  • State of Minnesota, Respondent, 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).
  • State of Minnesota, Respondent, Minn. Ct. App. 2018
    Section 609.035 app lies “if the multiple offenses arose out of a single behavioral incident.” State v. Bookwalter