Three Prior Burglaries Were Not a Single Behavioral Incident And So All Count Toward Criminal History Score

State v. Drljie, Minn.Ct.App., 3/7/2016.  When does a series of crimes make up a "single behavioral incident" and when does it not?  That's the question confronting the court in this sentencing appeal.  For Mr. Drljie four judges - the trial judge and three appellate judges - have said that his previous burglaries are not a "single behavioral incident."

Mr. Drljie pled guilty to first degree aggravated robbery.  He already had three burglary convictions.  He and a buddy broke into a building that housed an art studio, a liquor store, and a coffee house.  The guys could only find an aluminum ruler and t-square to take from the art studio. From the art studio, the guys broke through a wall to get into the liquor store where they took a lot of boxes of booze.  Again from the art studio, they broke through a sealed door into the coffee house where they took some cash.

If these three burglaries, which occurred back to back to back, were part of a single behavioral incident then the Guidelines say that only two of them can be counted on his worksheet for the aggravated robbery.  Otherwise, all three of them can be counted. For Mr. Drljie, if all three count then the presumptive sentence is 88 months; if only two count then the presumptive sentence is, well the court doesn't say.  

Nothing really of substance comes out of this decision, as the court engages in a fact specific analysis.  About the best they can do is this:

Moreover, the three burglaries appear to lack the unifying criminal goal necessary for them to constitute a single behavioral incident. Not only did appellant and his codefendant separately break into the three businesses, they also removed different items from each business, including the ruler and t-square from the art studio, boxes of liquor from the liquor store, and $150 in cash from the coffee house.