Minnesota Supreme Court, 1978

State v. Carr

State v. Carr
Minnesota Supreme Court · Decided March 3, 1978
263 N.W.2d 816; 1978 Minn. LEXIS 1414 (North Western Reporter, Second Series)

Counsel

C. Paul Jones, Public Defender, Robert E. Oliphant, Asst. Public Defender, Minneapolis, for appellant., Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, County Atty., Vernon E. Bergstrom, Chief, Appellate Div., and David W. Larson, and Lee W. Barry, Asst. County Attys., Minneapolis, for respondent.

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(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1979, among the opinions in this site’s citation index.

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State v. Carr

Cases that cite this one

1 later published case cites this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Defendant was found guilty by a district court jury of charges of aggravated robbery, Minn.St. 609.245, and theft of property valued at more than $2,500, Minn.St. 609.52, and was sentenced by the trial court to concurrent prison terms of 3 to 20 years for the robbery and 0 to 5 years for the theft. On this appeal from judgment of conviction, defendant challenges the sufficiency of the evidence on the identification issue and also contends that the trial court violated Minn.St. 609.035, the so-called single-behavioral-incident statute, in sentencing him for both offenses. There is no merit to the first contention but there is merit to the second one. In fact, the state concedes that the trial court erred in sentencing defendant for both offenses since they arose from the same incident and, accordingly, requests that the sentences be vacated and the case remanded for resen-tencing.

Sentences vacated; remanded for resen-tencing.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.