State v. Hernandez

AMDAHL, Justice.

The issue on this sentencing appeal is whether the trial court, in sentencing a defendant on the same day for three separate convictions of offenses which were not part of a single behavioral incident or course of conduct but which occurred at different times and involved different victims, could count the first and second convictions in determining the criminal history score used in determining the presumptive sentence for the third conviction.

On January 22, 1981, while on probation, defendant, age 19, was caught by St. Paul police as he attempted to commit a residential…