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State v. Tildahl

Supreme Court of Minnesota
Dec 5, 1995
540 N.W.2d 514 (Minn. 1995)

Summary

reversing and remanding for vacation of one sentence when the district court sentenced the defendant on both an aggravated driving offense and an open bottle offense that arose out of the same behavioral incident

Summary of this case from State v. Vujnovich

Opinion

No. C6-95-1951.

December 5, 1995.


ORDER

Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED that the petition of Melvin Clifford Tildahl for further review of the decision of the Court of Appeals filed November 7, 1995 be, and the same is, granted for the limited purpose of reversing the unpublished decision of the court of appeals affirming the imposition of multiple and consecutive jail terms for offenses of aggravated driving violation and open bottle violation. The issue is whether the protection of Minn.Stat. § 609.035 against multiple punishment for multiple offenses committed as part of a single behavioral incident applies and allows the imposition of only one sentence. Our disposition of this issue is controlled by City of Moorhead v. Miller, 295 N.W.2d 548 (Minn. 1980), holding in that case that the defendant could be sentenced for only one of the two offenses, which were violating the open bottle law and driving while under the influence. Since the statute applies, petitioner is entitled to vacation of one of the two sentences. Petitioner's convictions are affirmed but he is entitled to vacation of one of the sentences. Accordingly, we remand to the district court with instructions to vacate one of the two sentences, which in this case will be the unserved sentence.

BY THE COURT:

/s/ Alexander M. Keith Chief Justice


Summaries of

State v. Tildahl

Supreme Court of Minnesota
Dec 5, 1995
540 N.W.2d 514 (Minn. 1995)

reversing and remanding for vacation of one sentence when the district court sentenced the defendant on both an aggravated driving offense and an open bottle offense that arose out of the same behavioral incident

Summary of this case from State v. Vujnovich

remanding for district court to vacate one of two sentences imposed for aggravated driving violation and open-bottle violation

Summary of this case from State v. Kesteloot

remanding to the trial court to vacate one of the two sentences imposed for aggravated driving and open bottle violations

Summary of this case from State v. Hill

In State v. Tildahl, 540 N.W.2d 514, 514 (Minn. 1995), the supreme court affirmed a defendant's conviction for aggravated driving and driving with an open bottle, but vacated one of the sentences because the crimes came from the same behavioral incident.

Summary of this case from State v. Tomfohrde
Case details for

State v. Tildahl

Case Details

Full title:STATE of Minnesota, Respondent, v. Melvin Clifford TILDAHL, Appellant

Court:Supreme Court of Minnesota

Date published: Dec 5, 1995

Citations

540 N.W.2d 514 (Minn. 1995)

Citing Cases

State v. Guscette

1980), in which the defendant was convicted of DWI and an open-bottle violation, which led the supreme court…

State v. Vujnovich

" State v. Franks, 765 N.W.2d 68, 77 (Minn. 2009) (quotation omitted); Kebaso, 713 N.W.2d at 322; see State…