State v. Gibson

TOMLJANOVICH, Justice.

In its decision in this case the court of appeals affirmed the use of multiple concurrent sentences for two offenses that defendant contends arose from a single behavioral incident. State v. Gibson, 475 N.W.2d 896 (Minn.App.1991). We agree with defendant and therefore vacate the lesser of the two sentences pursuant to Minn.Stat. § 609.035 (1990), the so-called single-behavioral-incident statute.

The offenses of conviction here are criminal vehicular operation resulting in injury and felony leaving the scene of an accident, for which defendant received concurrent terms of…