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). “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). “” Minn.Stat. § 609.585 (emphasis added). The state reads section 609.”
State v. McAdoo, 330 N.W.2d 104 (Minn. 1983). “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). “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). “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). “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). “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). “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). “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). “Minn.Stat. § 609.585 (1978), which is referred to in section 609.”
State v. Johnson, 141 N.W.2d 517 (Minn. 1966). “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). “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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