State v. Ferguson
Annotate this CaseMichael Ferguson was convicted of one count of felony drive-by shooting at an occupied building and eight counts of second-degree assault, arising out of an incident in which multiple shots were fired at a duplex occupied by eight people. After Ferguson successfully appealed his original sentence, the district court imposed sentence on the drive-by shooting conviction and all eight assault convictions. On appeal, the court of appeals held that Minn. Stat. 609.035 required the district court to sentence Ferguson only on the drive-by shooting at an occupied building conviction. The Supreme Court reversed the court of appeals and upheld the sentence imposed by the district court, holding that the court of appeals misapplied the rule that a district court may not sentence a defendant to more than one crime for each victim, and that a single sentence for drive-by shooting at an occupied building was not commensurate with Ferguson's culpability for using a dangerous weapon to intentionally cause eight persons to fear immediately bodily harm.
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