State v. Sailor

TODD, Justice.

This is an appeal by the state pursuant to Rule 29.03, Rules of Criminal Procedure, from an order of the district court dismissing a felony charge of unauthorized use on the ground that defendant’s prior plea of guilty in county court to misdemeanor offenses of driving while under the influence and driving without a license precluded prosecution in district court under Minn.St. 609.035 because all of the offenses arose out a single behavioral incident. We reverse and remand on the ground that the unauthorized-use charge did not arise out of the same behavioral incident as the…