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STATE v. BANKS

Nos. C5-82-1214, C7-82-1215.

331 N.W.2d 491 (1983)

STATE of Minnesota, Respondent, v. Robert Junior BANKS, Appellant.

Supreme Court of Minnesota.

April 1, 1983.

Attorney(s) appearing for the Case

Lawrence Laine, Neighborhood Justice Center, Inc., St. Paul, for appellant.

Hubert H. Humphrey III, Atty. Gen., St. Paul, Tom Foley, County Atty., and Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.

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

KELLEY, Justice.

This is a sentencing appeal. At issue is the computation of the defendant's criminal history score. This in turn involves determining whether two offenses, for which defendant was sentenced using the so-called Hernandez method of computing the criminal history score,1 were committed as part of a single behavioral incident or course of conduct. A related issue is whether the prosecutor breached a promise not to make...

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