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A13-1051 Combs v. State (Crow Wing County)

Sentencing – ‘Hernandez’ Method


On appeal from the denial of his motion to correct his sentence, appellant argued that the District Court erred by using the Hernandez method when it sentenced him because both counts of which appellant was convicted involve the same behavioral incident under Minn. Stat. sec. 609.035, subd. 1. The Court of Appeals noted that Minnesota courts have properly used the Hernandez method under circumstances that are substantially similar to this case. It held that because the offenses did not occur at the same time or place and did not have a single criminal objective, the District Court did not err by imposing multiple sentences. Affirmed.

A13-1051 Combs v. State (Crow Wing County)

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