for the 30-month upward departure was the drive-by shooting: “that Defendant fired seven times at or toward a group of nine people in the immediate area, exposing all of them to injury or death, and, in addition to Makara Din, seriously injuring Khaosan Ruos.” The risk-creating conduct, however, factored into Edwards’ greater liability for the assault. The great bodily harm resulting from the drive-by shooting catapulted that offense to a first-degree assault, elevating the offense severity level from VIII to IX, and increasing the presumptive “top-of-the-cell” sentence duration by 55 months. The use of the drive-by shooting to support the 30-month upward departure for the assault amounted to punishment twice for the same conduct. Cf. State v. Stanke, 764 N.W.2d 824, 827-28 (Minn.2009) (<HOLDING>). I would hold that the upward departure was
holding that an officer may use deadly force when a fleeing suspect threatens the officer with a weapon holding peace officer who responded to a request from another law enforcement agency for assistance had authority to complete the investigation and make an arrest holding patrol officer out of ms jurisdiction was a citizen who could arrest dwi offender for breach of the peace holding that vulnerability of a peace officer factored into greater liability for fleeing a peace officer resulting in death holding that employees failure to comply with requirement in peace officer manual and his reprimand for using profanity to member of public did not make his assault of customer foreseeable