MN Consecutive Sentences

Minnesota case law summary by Attorney Richard Clem: sentencing.

State of Minnesota v. Don Antoine Jones. MN sentencing

In this criminal appeal from Scott County, the Minnesota Supreme Court held: Minnesota Statutes 609.035 generally limits the number of sentences a defendant may receive for multiple convictions arising out of a single course of conduct, and Minnesota Statutes Minnesota Statutes 518B.01 does not create an exception. If separate sentences are not precluded by Minnesota Statutes 609.035 the fact that the convictions involve a single course of conduct does not prevent a district court from imposing permissive consecutive sentences in accordance with Minn. Sent. Guidelines II.F.2.b

Don Antoine Jones had been convicted of stalking and violating an order of protection, after an incident at the "Trail of Terror," a Halloween attraction in Shakopee. He was sentenced consecutively for the two charges. The high court reversed and remanded for resentencing.

No. A12-1189 (Minn. July 2, 2014).

Please see the original opinion for the court's exact language.


Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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