State v. Ferguson

OPINION

HUDSON, Judge.

On appeal following remand by this court for resentencing, appellant challenges his criminal-history score and argues that the district court erred by failing to impose sentence only on the most serious conviction arising out of a single behavioral incident. Because appellant may be sentenced only on his conviction of drive-by shooting toward an occupied building, we reverse and remand.

FACTS

The facts of this case are described in detail in State v. Ferguson, No. A08-1327, 2009 WL 3172139 (Minn.App. Oct. 6, 2009). Briefly, appellant Michael Ferguson sat in the front…