Hennepin County District Court File No. 27-CR-17-19914
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. [*]
the rule that a defendant may receive only one sentence for
multiple offenses involving one victim committed as part of a
single behavioral incident, a conviction of a single count of
drive-by shooting at an occupied motor vehicle does not
constitute an offense against each of the vehicle's
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. We affirm.
April 2017, appellant Deveon Marquise Branch met C.R.G. at a
location in Minneapolis to drop off their son. After
appellant gave the child to C.R.G., another individual named
J.L.T., the child, and C.R.G. entered C.R.G.'s vehicle. A
fifth individual, C.L.G., stood outside, next to the vehicle.
Appellant and C.L.G. started arguing. Appellant pulled out a
handgun and attempted to fire a shot in C.L.G.'s
direction, but the bullet struck the vehicle with C.R.G.,
J.L.T., and the child inside.
state charged appellant with one count of drive-by shooting
in violation of Minn. Stat. § 609.66, subd. 1e(b)
(2016), one count of second-degree assault with a dangerous
weapon in violation of Minn. Stat. § 609.222, subd. 1
(2016), and one count of reckless discharge of a firearm in
violation of Minn. Stat. § 609.66, subd. 1a(a)(3)
(2016). The complaint named C.R.G., an occupant of the
vehicle, as the victim of the second-degree-assault charge.
pleaded guilty to all three counts with no agreement on
sentencing. The district court sentenced appellant to 48
months in prison for the drive-by-shooting offense (count
one) and 36 months for the second-degree-assault offense
(count two). The district court did not impose a sentence on
the offense of reckless discharge of a firearm. This appeal
district court err by imposing multiple sentences for
drive-by-shooting and second-degree-assault offenses when
both convictions arose out of a single behavioral incident
and when the ...