State v. Boley

SCOTT, Justice.

Defendant was found guilty by a district court jury of charges of attempted burglary, Minn.Stat. §§ 609.17, subds. 1 and 4(2), and 609.58, subd. 2(3) (1978), and escape from custody, Minn.Stat. § 609.485, subds. 2(1) and 4(1) (1978). At the sentencing hearing defendant argued that the two offenses were part of the same behavioral incident and that therefore, under Minn. Stat. § 609.035 (1978), the court could sentence him for only one of the two offenses. The trial court disagreed and imposed two sentences, one for 2½ years for the attempt, one for 5 years for the escape, the…