STATE v. FERGUSON

No. A10-540.

786 N.W.2d 640 (2010)

STATE of Minnesota, Respondent, v. Michael James FERGUSON, Appellant.

Court of Appeals of Minnesota.

August 3, 2010.


Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and Susan Gaertner, Ramsey County Attorney, Mitchell L. Rothman, Assistant County Attorney, St. Paul, MN, for respondent.

David W. Merchant, Chief Appellate Public Defender, Benjamin J. Butler, Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by KALITOWSKI, Presiding Judge; HUDSON, Judge; and COLLINS, Judge.


OPINION

HUDSON, Judge.

On appeal following remand by this court for resentencing, appellant challenges his criminal-history score and argues that the district court erred by failing to impose sentence only on the most serious conviction arising out of a single behavioral incident. Because appellant may be sentenced only on his conviction of drive-by shooting toward an occupied building, we reverse and remand.

FACTS

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