Cited by

Opinions in Minnesota that cite State v. Spears, 560 N.W.2d 723.

28 citing documents.

  • State of Minnesota v. James William Schnitter Minn. Ct. App. 2025
    See, (explaining that section 609.04 prohibits “multiple convictions under different sections of the statute for a single criminal act”); (“[Section 609.04] bars a court from entering two convictions for one act simply because a defendant’s single act violated multiple provisions of a statute.”), rev. denied (Minn. May 28, 1997).
  • State of Minnesota v. Calvin Cooliage Reavers Minn. Ct. App. 2025
    on the basis of the same conduct.’” ()); –27 (Minn. App. 1997) (vacating three of six convictions of first- degree criminal sexual conduct where convictions were based on three distinct acts), rev. denied (Minn. May 28, 1997)), rev. denied (Minn. Apr.
  • State of Minnesota v. Erik Everett Wenzel Minn. Ct. App. 2024
  • State of Minnesota v. Erik Everett Wenzel Minn. Ct. App. 2024
    on the basis of the same conduct.’” ()); -27 (Minn. App. 1997) (vacating three of six convictions of first-degree criminal sexual conduct where convictions were based on three distinct acts), rev. denied (Minn. May 28, 1997).
  • State of Minnesota v. David Alan Williams Minn. Ct. App. 2024
  • State of Minnesota v. David Alan Williams Minn. Ct. App. 2024
    on the basis of the same conduct.’” (d 879, 881 (Minn. 1984))); -27 (Minn. App. 1997) (vacating three of six convictions of first-degree criminal sexual conduct where convictions were based on three distinct acts), rev. denied (Minn. May 28, 1997).
  • State of Minnesota v. Scott Clarence Carrillo Minn. Ct. App. 2021
    6 (Minn. App. 1997), review denied (Minn. May 28, 1997).
  • State of Minnesota v. Lavelle Darnell Owens Minn. Ct. App. 2020
    13 240, 242-43 (Minn. 1983) (holding that section 609.04 permits only one conviction when the same act resulted in four separate convictions); - 27 (Minn. App. 1997) (vacating three duplicative convictions because section 609.04 “bars a court from entering two convictions for one act simply because a defendant’ s single act violated multiple provisions of a statute”), review denied (Minn. May 28, 1997).
  • State of Minnesota v. Derek Lee Enderle Minn. Ct. App. 2020
    tements of criminal purpose do not unify separate acts into a single course of conduct.” State v. Jones , d 528, 533 (Minn. 2014); see also State v. Barthman , (determining that the broad criminal objectiv e of “sexual gratific ation” did not unify 1 This is in contrast to cases such as State v. Spears , in which this court found that three acts of sexual assault of the same victim that all took place in defendant’s car within a 45-minute timeframe constituted a single behavioral incident.
  • State of Minnesota v. Lawrence Bernard Nowels Minn. Ct. App. 2020
    -27 (Minn. App. 1997) (conducting a separate analysis of sentences and convictions), review denied (Minn. May 28, 1997).
  • State of Minnesota v. Jerrad Chad Juhl Minn. Ct. App. 2018
    d 723, 726 (Minn. App. 1997), review denied (Minn. May 28, 1997); (noting that it is to appellant’s benefit to have his 10 The district court determined that appellant could be sentenced for each offense, and appellant received separate sentences for each
  • State of Minnesota v. Anthony Paul Hernandez Minn. Ct. App. 2018
    See, e.g., State v. Spears , review denied (Minn. May 28, 1997) (stating that, for sentencing purposes, multiple counts of criminal sexual conduct committed over 45 minutes were connected in time and amounted to a single behavioral incident).
  • State of Minnesota v. Robert Howard Nordquist Minn. Ct. App. 2018
    “The statute bars a court from entering two convictions for one act simply because a defendant’s single act violated multiple provisions of a statute.” (quotation omitted), review denied (Minn. May 28, 1997).
  • State of Minnesota v. Joshua Scott Sundblad Minn. Ct. App. 2018
    See State v. Spears , , review denied (Minn. May 28, 1997).
  • State of Minnesota v. Jesse Lamee Motley Minn. Ct. App. 2018
    of a multi-tier statutory scheme dealing with a particular subject, then it is an ‘included offense’ under section 609.04.”); see also State v. Spears , -27 (Minn. App. 1997) (holding that defendant cannot be convicted of violations of both section 609.342, subdivisions 1(c) and 1(e)(i) because they constitute “duplicative convictions” under two different su bdivisions of the first-degree criminal- sexual-conduct statute), review denied (Minn. May 28, 1997).
  • State of Minnesota v. Daniel A. Maldonado Zepeda Minn. Ct. App. 2017
    2016), (relying on defendant’s motivation “to satisfy his perverse sexual needs” to find single behavioral incident where multiple sexual acts occurred in a single afternoon) , and State v. Spears , (following Herberg’s sexual-needs rationale when “[a]ll three offenses took place in Spears’s parked car within a 45-minute period”), review denied (Minn. May 28, 1997).
  • State of Minnesota v. Claude Riley Crockson, Jr. 854 N.W.2d 244 Minn. Ct. App. 2014
  • 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).
  • Randall Mark Spears v. State of Minnesota Minn. Ct. App. 2014
  • Randall Mark Spears v. State of Minnesota Minn. Ct. App. 2014
    d 723, 725 (Minn. App. 1997), review denied (Minn. May 28, 1997) (Spears I).
  • Spears v. State 725 N.W.2d 696 Minn. 2006
  • Spears v. State 725 N.W.2d 696 Minn. 2006
    rev. denied (Minn. May 28, 1997) (“Spears I”); State v. Spears, C8-98-2307, 1999 WL 319022 , at *1 (Minn.App.
  • State v. Warsame 701 N.W.2d 305 Minn. Ct. App. 2005
  • State v. Warsame 701 N.W.2d 305 Minn. Ct. App. 2005
  • State v. Reiners 644 N.W.2d 118 Minn. Ct. App. 2002
  • State v. Reiners 644 N.W.2d 118 Minn. Ct. App. 2002
    (sustaining *123 state’s challenge to defense’s peremptory-strike on the grounds that the defense’s use of the peremptory strike was motivated by intentional discrimination).
  • State v. Huston 616 N.W.2d 282 Minn. Ct. App. 2000
  • State v. Huston 616 N.W.2d 282 Minn. Ct. App. 2000
    See, -28 (Minn.App.1997) (interpreting similar language under the repeat sex~offender statute), review denied (Minn. May 28, 1997).