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STATE v. GIBSON

No. C1-91-1332.

478 N.W.2d 496 (1991)

STATE of Minnesota, Respondent, v. James Darrell GIBSON, Petitioner, Appellant.

Supreme Court of Minnesota.

December 20, 1991.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Mark F. Anderson, Asst. State Public Defender, Minneapolis, for appellant.

Scott A. Hersey, Isanti County Atty., Cambridge, and Hubert H. Humphrey, III, Atty. Gen., St. Paul, for respondent.

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

TOMLJANOVICH, Justice.

In its decision in this case the court of appeals affirmed the use of multiple concurrent sentences for two offenses that defendant contends arose from a single behavioral incident. State v. Gibson, 475 N.W.2d 896 (Minn.App.1991). We agree with defendant and therefore vacate the lesser of the two sentences pursuant to Minn.Stat. § 609.035 (1990), the so-called single-behavioral-incident statute...

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