State of Minnesota v. Theodore Pierre Jerry

(concurring in part, dissenting in.part).

I concur with the majority’s syllabus point that, when imposing consecutive sentences, the district court must sentence the offenses in the order in which they occurred. I respectfully disagree that the district court erred by sentencing appellant for criminal sexual conduct first and first-degree burglary second.

“An offense is defined by its elements.” State v. Patterson, 796 N.W.2d 516, 532 (Minn.App.2011), affd, 812 N.W.2d 106 (Minn.2012). The state charged appellant with first-degree burglary under Minn. Stat. § 609.582, subd. 1(c) (2012). The…