State v. Notch

WAHL, Justice.

In an unpublished decision the court of appeals affirmed the use of permissive consecutive sentencing under Minnesota Sentencing Guidelines II.F.2. for two current felony offenses against the same victim. Since an express prerequisite to reliance on II.F.2. as a basis for consecutive sentencing is that the current convictions be for “crimes against different persons” and since the two current convictions in this case are for crimes against the same person, we hold that the use of consecutive sentencing constituted a departure as to consecutive service. There being no apparent…