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STATE v. BOLEY

No. 51395.

299 N.W.2d 924 (1980)

STATE of Minnesota, Respondent, v. Mark Alan BOLEY, Appellant.

Supreme Court of Minnesota.

November 21, 1980.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender and Susan K. Maki, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, St. Paul, Paul G. Morreim, County Atty., Albert Lea, for respondent.

Considered and decided by the court en banc without oral argument.

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...

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