Bixby v. State

AMDAHL, Chief Justice.

This is an appeal from an order of the district court denying a petition for post-conviction relief. The appeal concerns whether petitioner’s two 1977 convictions of criminal sexual conduct in the third degree were based on a single behavioral incident. If so, then the sentencing court erred in 1982 when, in computing petitioner’s criminal history score in order to determine the presumptive sentence for a current offense of receiving stolen property, it gave petitioner two felony points for the 1977 convictions. We hold that the sentencing court erred and that the…