(concurring specially).
I concur with the affirmance of defendant’s conviction but I would modify defendant’s sentences to run concurrently because consecutive sentences under the circumstances of this case unfairly exaggerate the criminality of defendant’s conduct. In State v. Patch, 329 N.W.2d 833, 837 (Minn.1983), we stated that “Minn.Stat. § 609.035 generally bars sentencing a de*441fendant more than one time, even to concurrent sentences, for multiple offenses committed against the same victim as part of a single behavioral incident.” The purpose of this statute, as we had previously recognized, is “to protect against exaggerating the criminality of a person’s conduct and to make both punishment and prosecution commensurate with culpability.” State ex rel. Stangvik v. Tahash, 281 Minn. 353, 360, 161 N.W.2d 667, 672 (1968). In 1983, the legislature amended section 609.035 and added Minn.Stat. § 609.251 so that a defendant may be convicted and sentenced for kidnapping and for the crime facilitated by the kidnapping. State v. Crocker, 409 N.W.2d 840, 845 (Minn.1987). Even so, under the Minnesota Sentencing Guidelines and Commentary II.F. when an offender is convicted of multiple current offenses against a single victim, concurrent sentences are presumed, with three exceptions not relevant here.1 Kidnapping is an offense covered by the sentencing guidelines, first degree murder is not. It makes no sense, however, as defense counsel has argued, to exclude murder first from the guidelines’ principles of rationality and proportionality. Here, where defendant is convicted of the most serious crime under our laws, with life imprisonment mandated by law, consecutive sentences for multiple offenses against a single victim arising out of a single behavioral incident unfairly exaggerate the criminality of defendant’s conduct. I would hold consecutive sentencing, under such circumstances, not permissible.
. Consecutive sentences may be given only in the following cases: (1) when a prior sentence for a crime against a person has not expired, a current offense is for a crime against a person, and the guidelines call for an executed sentence; (2) there are multiple current offenses against different persons, and the guidelines call for an executed sentence; or (3) where the offense is for escape (or is an offense committed while serving an executed prison sentence). Minnesota Sentencing Guidelines and Comments, II.F.l-3.