State v. Alger
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The Supreme Court affirmed the judgment of the court of appeals affirming Defendant's sentences in connection with his conviction for two counts of violating an order of protection (OFP) under Minn. Stat. 518B.01, subd. 14(d)(1), holding that the multiple-victim rule authorized two sentences in this case and that Defendant's consecutive sentences did not unfairly exaggerate the criminality of his behavior.
A temporary OFP prohibited Defendant from contacting either his infant son or his son's mother. After Defendant had contact with both his son and the mother at a hotel, the State charged Defendant with two counts of violating an OFP. Defendant pleaded guilty to both counts, and the district court sentenced him to two permissive consecutive sentences. The court of appeals affirmed the sentences, concluding that Minn. Stat. 609.035, subd. 1 did not prohibit the district court from imposing multiple sentences for crimes that were committed during a single behavioral incident. The Supreme Court affirmed, holding (1) the multiple-victim rule applied in this case because Defendant made in-person contact with two protected persons, and therefore, there were two victims of the OFP-violation crime; and (2) Defendant's sentences did not exaggerate the criminality of his behavior.
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