Kier later filed a postconviction petition seeking correction of his sentence. This court reversed and remanded, concluding that (1) the gross-misdemeanor driving after cancellation should have been sentenced first because it occurred first; (2) the consecutive felony sentence should have been based on a criminal-history score of one; and (3) because the resulting consecutive sentence, as corrected, was less than concurrent sentencing would have produced, the correct sentence under the Minnesota guidelines was a concurrent sentence, with the felony sentence to be calculated based on a criminal-history score of five. Kier v. State, No. A05-1108 (Minn.App. Mar. 28, 2006), review granted and stayed (Minn. June 20, 2006) (stayed pending decision in State v. Holmes, A04-1134, which presented an almost identical fact situation).