State v. Jones
Annotate this CaseDefendant was convicted of stalking and violating an order for protection. The district court imposed a sentence for each offense and ordered the two sentences to be served consecutively. The court held that Minn. Stat. 609.035, subd. 1, generally limits the number of sentences a defendant may receive for multiple convictions arising out of a single course of conduct; Minn. Stat. 518B.01, subd. 16, does not create an exception to Minn. Stat. 609.035, subd. 1; if separate sentences are not precluded by Minn. Stat. 609.035, subd. 1, the fact that the convictions involve a single course of conduct does not prevent a district court from imposing permissive consecutive sentences in accordance with Minn. Sent. Guidelines II.F.2.b. In this case, because the court concluded that the district court and the court of appeals erred by conflating two distinct issues - whether separate sentences may be imposed and how separate sentences should be served - the court reversed and remanded with instructions to vacate the sentence imposed for violating an order of protection.
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