State v. Branch

On direct appeal from a final judgment of conviction, appellant argues that the district court erred in imposing a sentence for second-degree assault because it arose out of the same behavioral incident as his conviction of drive-by shooting, and no "exception" to Minn. Stat. § 609.035, subd. 1 (2016), applies. We affirm.

*457FACTS

In April 2017, appellant Deveon Marquise Branch met C.R.G. at a location in Minneapolis to drop off their son. After appellant gave the child to C.R.G., another individual named J.L.T., the child, and C.R.G. entered C.R.G.'s vehicle. A fifth individual, C.L.G., stood…