SailorsAllen Law

Same Behavioral Incident – Multiple Incidents Same Juice Box

For the followers follower (hi Mom) of this blog 2018 has not been turning out the material.   Lots of fingers can be pointed at the higher courts not giving material but Michael Jackson sang a song about looking at the man in the mirror which seems apropos.  But like no one has ever said, you can either continue to make excuses or you can start blogging.  I choose the latter.  So let’s blog.   There was an unpublished case that got my attention this week about same behavior incidents.   What that means is you cannot be punished for multiple acts that are considered the same behavior incident. For instance, if you stab your Capri Sun juice box incorrectly and intentionally spill juice sugar water all over the carpet while swearing, you should not be charged separately with criminal damage to property for intentionally damaging carpet with juice and disorderly conduct for engaging in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.  However, if you intentionally spilled juice and then spiked the juice box with roofies because you are a horrible person, that would not be the same behavior incident and you should be charged twice.

So in this case, a Mr. Dale broke into a golf clubhouse in 2002 in South Dakota.  Must be fun to play golf in South Dakota as the fairways would be treeless wide open spaces and maybe you can put in Lincoln’s mouth.  * I know very little about South Dakota *  He pleaded guilty to possession of burglary tools, (a pitching wedge) and 3rd-degree burg.  So when he was convicted of another felony here, the question became could both of those felonies from South Dakota be used to compute his criminal history score.   Mr. Dale argues only one should be used since it was the same behavioral incident.

In considering whether multiple offenses constitute a single course of conduct, we look at factors such as “time, place, and whether the offenses were motivated by a desire to obtain a single criminal objective.” State v. Gould, 562 N.W.2d 518, 521 (Minn. 1997).  So what happened here, is the Court did not conduct a juice box analysis.   They did not determine if this was one act out of frustration with the intentionally unsharp stars or if this was multiple acts done with the same juice box but to achieve a different criminal objective.   So because the Court did not conduct the analysis to determine whether Mr. Dale should have one or two criminal history points on his criminal history the case was remanded.  Mr. Dale gets another drink of the apple… juice box.