Plea | Minnesota Lawyer

Where defendant was charged with felony domestic assault for an altercation with his girlfriend; defendant acknowledged that an argument with his girlfriend had turned “physical”; photographs showed injuries to the victim’s face; the victim told police that the injuries were caused by defendant; and if the matter went to trial, the state would introduce evidence [...]

Plea – Oral Contingency Agreement

BY: Minnesota Lawyer
POSTED: May 31, 2010
Tags: Plea

Where, in exchange for defendant’s plea, the state agreed to a stayed sentence of 30 months; the plea petition did not contain any conditions of release pending sentencing; at the guilty-plea hearing, defendant was advised by both the prosecutor and the court that he was required to remain law-abiding until his sentencing date and that [...]

Plea – Mutual Mistake

BY: admin
POSTED: May 10, 2010
Tags: Plea

Where the plea petition provides both that defendant will plead guilty to count two of the complaint, for which the guideline sentence is 36 months, stayed, and that he will receive a sentence of 90 months, executed; and the intent of the parties and the District Court was to have defendant plead guilty to violating [...]

Plea – Conditional Release Term

BY: admin
POSTED: May 3, 2010
Tags: Plea

Where the District Court advised defendant at the sentencing hearing that should he violate the conditions of his probation, his 28-month sentence would be executed and he would be subject to a ten-year conditional-release term; and at his sentencing hearing defendant signed a document which referenced the 10-year conditional release term; we conclude that defendant’s [...]

Plea – No Basis for Withdrawal

BY: admin
POSTED: May 3, 2010
Tags: Plea

Where defendant was charged with two counts of first-degree criminal sexual conduct for abuse of his girlfriend’s minor children; defendant pleaded guilty to one count in exchange for a downward durational departure; defendant’s testimony established the elements of the offense; defendant signed a written plea petition acknowledging that his plea was voluntary and affirmed the [...]

Plea – Accuracy

BY: admin
POSTED: April 19, 2010
Tags: Plea

Where defendant pleaded guilty to identity theft, admitting his intent to use articles of identification for unlawful activity; and immediately before entering his plea, defendant admitted the specific elements of forgery in a guilty plea to two check forgeries; we conclude that defendant’s plea was accurate because a sufficient factual basis was established. Affirmed.

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Plea – Factual Basis

Plea – Rights Advisory by Video

Plea – Intelligently Made

Plea – Conditional-Release Period

Plea – Accuracy; Prejudice

Plea – Oral Contingency Agreement

Plea – Mutual Mistake

Plea – Conditional Release Term

Plea – No Basis for Withdrawal

Plea – Accuracy

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