Wing County District Court File No. 18-CR-18-752
Ellison, Attorney General, St. Paul, Minnesota; and Donald F.
Ryan, Crow Wing County Attorney, Brainerd, Minnesota; and
Matti R. Adam, Special Assistant Crow Wing County Attorney,
Grand Rapids, Minnesota (for respondent)
Cathryn Middlebrook, Chief Appellate Public Defender, Michael
McLaughlin, Assistant Public Defender, St. Paul, Minnesota
Considered and decided by Larkin, Presiding Judge; Smith,
Tracy M., Judge; and Randall, Judge. [*]
offender may receive multiple sentences for violating the
no-contact provisions of an order for protection (OFP) with
respect to multiple persons protected by the provisions, even
if the violations arose out of a single behavioral incident,
because each person protected by the no-contact provisions of
a n OFP is a victim of the crime of violating those
TRACY M., JUDGE
James Alger Sr. was subject to an OFP prohibiting him from
contacting his former girlfriend and their minor child.
Pursuant to a plea agreement, Alger was convicted of and
sentenced on two counts of violating the OFP-one count for
each person protected by the order-after he engaged in
prohibited conduct against both of them by going to a hotel
where they were staying. In this direct appeal, he argues
that his multiple sentences violate Minn. Stat. §
609.035 (2016) because the multiple-victim rule does not
apply. We disagree and affirm.
early February 2018, K.R.B. sought and received an ex-parte
OFP against Alger from the Mille Lacs Band Court of Central
Jurisdiction pursuant to 8 Mille Lacs Band Statutes (MLBS)
§ 406. The order forbade Alger from having contact with
either K.R.B. or their minor child. While the ex-parte OFP
was in effect, Alger met both K.R.B. and their minor child at
a hotel; he testified that he met them in order to help them
get a hotel room. He was arrested after police arrived at the
hotel for a welfare check.
state charged Alger with two counts of felony violation of an
It later amended the complaint, adding two counts of felony
stalking. Alger pleaded guilty to two counts of felony
violation of an OFP. In exchange, the state dismissed the
stalking charges and agreed not to charge Alger for witness
tampering or for violating a domestic abuse no contact order
that had been issued after the violation of the OFP-offenses
that he allegedly committed while he was in custody. The plea
agreement called for a 36-month sentence.
district court accepted the pleas, adjudicated Alger's
guilt on both counts, and sentenced him to 24 months'
imprisonment on the first count and 12 months'
imprisonment on the second count, to be served consecutively.
Alger appeals, arguing that the district court erred by
sentencing him to multiple consecutive terms of imprisonment.
the district court err by sentencing Alger on two counts
arising from a single behavioral incident in which he
violated an order for protection by contacting two ...