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STATE OF MINNESOTA IN SUPREME COURT A10-0512

Court of Appeals

Meyer, J. Dissenting, Stras, Page, and Anderson, Paul H., JJ.

State of Minnesota, Appellant/Cross-Respondent, vs. Tito Fonzio Campbell, Respondent/Cross-Appellant. ________________________ Lori Swanson, Attorney General, St. Paul, Minnesota; and John J. Choi, Ramsey County Attorney, Thomas R. Ragatz, Assistant Ramsey County Attorney, St. Paul, Minnesota, for appellant. David W. Merchant, Chief Appellate Public Defender, Mark D. Nyvold, Special Assistant Public Defender, St. Paul, Minnesota, for respondent. ________________________ SYLLABUS 1. The phrase "another offense" as used in Minn. Sent. Guidelines 2.F.2. Filed: May 9, 2012 Office of Appellate Courts

means felony offense. 2. The purpose of Minn. Sent. Guidelines 2.F.2. is to count an offender's

criminal history score once and only once.

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When sentencing a felony offense permissively consecutive to a gross

misdemeanor offense, a district court should not reduce the offender's criminal history score to zero before calculating the presumptive sentence for the felony offense. Reversed, sentence reinstated. OPINION MEYER, Justice. In this appeal, we are asked to determine how to calculate an offender's criminal history score when the court permissively imposes a felony sentence consecutive to a gross misdemeanor sentence. Respondent Tito Fonzio Campbell was convicted of six offenses, including gross misdemeanor criminal vehicular operation resulting in bodily harm and felony fleeing a police officer resulting in death. The district court imposed a 12-month sentence for the gross misdemeanor and a consecutive 234-month sentence for the felony fleeing offense, using a criminal history score of three. The court of appeals reversed Campbell's sentence, concluding that zero criminal history points should have been used to calculate the duration of the felony sentence under Minn. Sent. Guidelines 2.F.2.1 We reverse the court of appeals and reinstate the district court's sentence. On April 18, 2009, Campbell drove after drinking alcohol and despite his cancelled driver's license. Campbell saw police and fled with his 10-year-old son in the car. After driving at a high rate of speed, Campbell ran a red light and crashed into
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The guidelines previously employed a numbering scheme with Roman numerals, but amendments effective August 1, 2011, instituted a numbering scheme with Arabic numerals. These amendments did not alter the substance of the guidelines or comments relevant to this case, and we therefore refer to these provisions as currently numbered. 2

another car, injuring the driver, and killing the driver's wife. Within two hours of the accident, a test of Campbell's blood revealed a blood alcohol level of 0.15. After a jury trial, Campbell was found guilty of gross misdemeanor driving after cancellation, Minn. Stat.

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