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STATE v. BRANCH

A18-1055.

930 N.W.2d 455 (2019)

STATE of Minnesota, Respondent, v. Deveon Marquise BRANCH, Appellant.

Court of Appeals of Minnesota.

Filed June 10, 2019.

Attorney(s) appearing for the Case

Keith Ellison , Minnesota Attorney General, St. Paul, Minnesota; and Michael O. Freeman , Hennepin County Attorney; and Scott Hersey , Special Assistant County Attorney, St. Paul, Minnesota (for respondent).

Cathryn Middlebrook , Chief Appellate Public Defender, Veronica May Surges , Assistant Public Defender, St. Paul, Minnesota (for appellant).

Considered and decided by Hooten, Presiding Judge; Reyes, Judge; and Kirk, Judge.

OPINION

On direct appeal from a final judgment of conviction, appellant argues that the district court erred in imposing a sentence for second-degree assault because it arose out of the same behavioral incident as his conviction of drive-by shooting, and no "exception" to Minn. Stat. § 609.035, subd. 1 (2016), applies...

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