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STATE v. BAUER

No. A08-1698.

792 N.W.2d 825 (2011)

STATE of Minnesota, Respondent, v. Cody Adam BAUER, Appellant.

Supreme Court of Minnesota.

January 5, 2011.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, John B. Galus , Assistant Attorney General, St. Paul, MN; and Lisa B. Hanson , Roseau County Attorney, Roseau, MN, for respondent.

David W. Merchant , Chief Appellate Public Defender, St. Paul, MN, Kirstin Kopp , Special Assistant State Public Defender, Fridley, MN, for appellant.

OPINION

GILDEA, Chief Justice.

The question presented in this case is whether the district court violated Minn. Stat. § 609.035 (2010) when it sentenced appellant Cody Bauer (Bauer) for both selling a controlled substance and failing to affix tax stamps to the controlled substance. Because we conclude that the crimes did not arise from the same behavioral incident, we hold that section 609.035 is not applicable, and we therefore affirm.

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