State v. Ferguson, Minn.Ct.App., 8/3/10. A jury convicted Mr. Ferguson of one count of drive by shooting into an occupied building, and eight counts of second degree assault, one count for each of the building’s occupants. Essentially, one of Mr. Ferguson’s brothers, employing a gun that Mr. Ferguson supplied, shot off multiple rounds into an occupied building, apparently in a dispute between one of the brothers and one of the building’s occupants over a puppy.
The parties agreed that all of these offenses were committed as part of a single behavioral incident, and that the drive by shooting was a more serious offense than second degree assault. Multiple sentences may be imposed if the single behavioral incident is composed of crimes committed against multiple victims, provided that the sentences do not unfairly exaggerate the criminality of the defendant’s conduct. Mr. Ferguson argued that multiple sentences could be imposed for crimes against multiple victims but only for the most serious offense against each victim. All of the occupants of the building were victims of the drive by shooting; and each was a victim of the assault offenses. The state, however, only charged one count of drive by shooting, which becomes the most serious offense. The appellate court remands (again) with instructions to sentence Mr. Ferguson only on the drive by shooting.
Both sides have petitioned for review to the supreme court.
No comments:
Post a Comment