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STATE v. NOTCH

No. C0-89-785.

446 N.W.2d 383 (1989)

STATE of Minnesota, Respondent, v. Herbert Daniel NOTCH, Petitioner, Appellant.

Supreme Court of Minnesota.

October 13, 1989.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender and Mark F. Anderson, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Roger S. Van Heel, Stearns County Atty., and Mary A. Yunker, Asst. County Atty., St. Cloud, for respondent.

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

WAHL, Justice.

In an unpublished decision the court of appeals affirmed the use of permissive consecutive sentencing under Minnesota Sentencing Guidelines II.F.2. for two current felony offenses against the same victim. Since an express prerequisite to reliance on II.F.2. as a basis for consecutive sentencing is that the current convictions be for "crimes against different persons" and since the two current convictions in this case are for crimes against the same...

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