CITY OF MOORHEAD v. MILLER

No. 50820.

295 N.W.2d 548 (1980)

CITY OF MOORHEAD, petitioner, Appellant, v. Robert John MILLER, Respondent.

Supreme Court of Minnesota.

July 3, 1980.


Attorney(s) appearing for the Case

Kenneth J. Kludt, Moorhead, for petitioner, appellant.

Lamb, Schaefer, McNair & Larson and Bruce H. Carlson, Moorhead, for respondent.

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


KELLY, Justice.

This appeal by the state, with leave of court, from an order of a three-judge appellate panel reversing a conviction for driving while under the influence, raises issues concerning the application of Minn.Stat. § 609.035 (1978), which generally prohibits multiple sentencing for, or serialized prosecution of, multiple crimes arising from a single course of conduct.

Defendant was charged in a single prosecution1

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