Minnesota Statutes

Minn. Stat. § 609.585 (2026)

Double Jeopardy

✓ current as of May 2026
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Notwithstanding section 609.04, a prosecution for or conviction of the crime of burglary is not a bar to conviction of or punishment for any other crime committed on entering or while in the building entered.

Notes of Decisions
Cited in 65 cases (3 in the last 5 years), 1964–2025 · leading case: State v. Holmes, 778 N.W.2d 336 (Minn. 2010).
State v. Holmes, 778 N.W.2d 336 (Minn. 2010). · cites it 35× “1(c) (2008), incorporates assault into this first-degree burglary offense, and therefore the assault is not “any other crime” within the meaning of Minn.Stat. § 609.585 (2008). The court of appeals affirmed, and we granted review.”
State of Minnesota v. Ian Christopher Mitchell, 881 N.W.2d 558 (Minn. Ct. App. 2016). · cites it 24× “” Minn.Stat. § 609.585 (emphasis added). The state reads section 609.”
State v. McAdoo, 330 N.W.2d 104 (Minn. 1983). · cites it 12× “Under Minn.Stat. § 609.585 (1982), a person who commits a theft or other felony during the course of a burglary may be sentenced for any other such offense in addition to the burglary.”
State v. Alexander, 290 N.W.2d 745 (Minn. 1980). · cites it 12× “Alexander was convicted on both the aggravated robbery and burglary charges and received two consecutive 20-year sentences for these convictions. Section 609.035 clearly permits multiple prosecutions and punishments for *750 these offenses.”
State v. Jackson, 749 N.W.2d 353 (Minn. 2008). · cites it 4× “Minn. Stat, § 609.585 (2006). Jackson's aggravated robbery was a severity level VIII offense, and the parties agree that he had a criminal history score of 4.”
State v. Gant, 305 N.W.2d 790 (Minn. 1981). · cites it 12× “035 (1980) provides as follows: *792 Except as provided in section 609.585, if a person’s conduct constitutes more than one offense under the laws of this state he may be punished for only one of such offenses and a conviction or acquittal of any one of them is a bar to…”
Walker v. State, 394 N.W.2d 192 (Minn. Ct. App. 1986). · cites it 6× “2d at 182 , this court held that under Minn.Stat. § 609.585 (1984) a burglary conviction and a felony murder conviction using that burglary as the predicate felony did not violate Minn.”
State v. Hartfield, 459 N.W.2d 668 (Minn. 1990). · cites it 6× “However, Minn.Stat. § 609.585 (1988) contains an exception allowing sentencing for both a burglary and one of the offenses committed during a burglary even if it could otherwise be said that they were both committed as part of a single behavioral incident.”
State v. Gartland, 330 N.W.2d 881 (Minn. 1983). · cites it 4× “One is the burglary exception, provided in Minn.Stat. § 609.585 (1982). The second exception is a court-created exception providing that a defendant who commits multiple offenses in a single behavioral incident may be sentenced to one sentence per victim so long as the multiple…”
State v. Boley, 299 N.W.2d 924 (Minn. 1980). · cites it 4× “Minn.Stat. § 609.585 (1978), which is referred to in section 609.”
State v. Johnson, 141 N.W.2d 517 (Minn. 1966). · cites it 3× “It provides: “Except as provided in section 609.585, 3 if a person’s conduct constitutes more than one offense under the laws of this state he may be punished for only one of such offenses and a conviction or acquittal of any one of them is a bar to prosecution for any other of…”
State v. Van Gorden, 326 N.W.2d 633 (Minn. 1982). · cites it 2× “The burglary was also part of the same behavioral incident, but Minn.Stat. § 609.585 (1980) operates to except burglary from the operation of Minn.”
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