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Other call center software providers will push the products that they developed in-house – as distributors, we will not promote one product over another.Jamestown (CSi) 52 year old David Troske of New Rockford pleaded guilty in Southeast District Court Wednesday to murder and attempted murder in conjunction with the death of Donnie Perleberg of Pingree.WDAY, Forum Communications, reports, the guilty plea followed a plea deal before Judge Thomas Merrick and involved dismissing other charges of aggravated assault, a Class B felony, three counts of reckless endangerment, Class C felonies, and carrying a firearm in a bar, a Class A misdemeanor. But consecutive sentences are permissible when multiple offenses are committed against a single victim. Consecutive sentences are permissive for multiple offenses, even when the offenses involve a single victim. Perleberg's disproportionality argument also relies on the absence of multiple victims. Because the aggregate term of imprisonment of 432 months does not unduly exaggerate the criminality of appellant's conduct, the district court did not abuse its discretion by imposing a combination of concurrent and consecutive presumptive minimum sentences of 144 months.
Perleberg argues that this decision, which resulted in his conviction of six counts of first-degree criminal sexual conduct, rather than a single count, led to the circumstances that resulted in a sentence that exaggerates the criminality of his conduct. But the district court was well aware of its authority to impose a sentence between the maximum authorized length of imprisonment for the offenses charged and shorter permissible sentences that reflect an appropriate punishment for the severity of the criminal conduct. And the record demonstrates that the district court imposed permissive, consecutive sentences after carefully considering the nature of the offenses and the mitigating circumstances. Perleberg first challenges the length of his sentence by attacking the prosecutor's charging decision. Perleberg's argument is premised on the false assumption that the district court was unaware of its authority to impose six concurrent sentences if, in its judgment, the facts so warranted. We are mindful, however, of the dearth of published Minnesota cases addressing the sentences imposed based on comparable facts. DECISIONWhen imposing the contested sentences, the district court balanced the nature of the first-degree criminal sexual conduct offenses and the mitigating factors. Perleberg's reliance on such statistics, therefore, is unpersuasive. The record as a whole reflects the district court's proper exercise of its discretion.The district court sentenced Perleberg to concurrent mandatory minimum prison terms of 144 months executed, for three counts of engaging in sexual contact with a person less than 13 years of age by a person who is more than 36 months older, Minn. The district court acknowledged that, although the multiple instances of criminal sexual conduct may be charged separately, the same conduct could have been charged as a single count.