Only one of two things can be happening right now. First, the MNCOA vitriol for this is causing them to not publish any cases and only not publish, like my memoir, a handful of cases. Two, the Justices are enjoying the brisk fall sweater and going for long walks while wearing Patagonia jackets and sipping pumpkin spiced drinks. I think it is number two, but regardless the week of October 23rd, 2017 gave us very little. But when life gives you very little you make self-indulgent blogs.
So here we go. This blog about plea withdrawal. This might be hard to believe but some people plead guilty only to want to want their plea back. People will blame their attorney say the attorney made them plead guilty. Some people will say anything to get out of jail. Some people will say they were unmedicated at the time of the plea. This case is State v. Finn, A16-1394. Huck wanted was found 8.5 grams of cocaine, which at the time was a second degree c-sub case. The DRSA had not gone into effect. During this plea the following exchange occurred:
DEFENSE: [Y]our Honor, at this time Mr. Finn is prepared to enter a straight plea to Your Honor. In some discussions at the bench it had been agreed that we would argue the sentence at a sentencing date. Mr. Finn is prepared to enter his plea in today.
COURT: Okay is that your understanding, [counsel for the state]?
STATE: Your Honor, it was my understanding yes, it was a straight plea with arguing for sentencing for range of 51, 60 months. Obviously, since it’s a straight plea, it’s up to the Court.
COURT: Okay because that’s different than a straight plea because if it’s a straight plea I could do 98, or I could go above so.
DEFENSE: We agreed upon a range of 51 to 60 months, Your Honor, sorry.
COURT: Okay, so that means the State is agreeing to a downward durational departure but not to the amount that the Defense is requesting of 51 months, correct?
STATE: Well Your Honor, I would note that I had offered a 60 month commit and I was not willing to go down to 51 even in terms of putting in a range, so this is a true straight plea. I will be asking for 60 months at sentencing.
COURT: Okay, thank you. Okay Mr. Finn, is that your understanding?
FINN: My understanding was I was pleading between 51 and 60 months.
COURT: Okay I think that’s what [the state] just put on the record . . . . [Defense counsel] agreed.
The signed petition describes the plea as a “straight plea, range of 51-60 months. So this was not a straight plea. A straight plea is when your plead to a count and there is no agreement on sentencing. So for a Felon in Possession of a Firearm Case you could do a straight plea and the mandatory minimum sentence is 60 months. The defense could ask the judge for a durational and/or dispositional departure. Durational would be less time because the offense wasn’t as serious as the typical offense. He was possessing a civil way bayonet. Dispositional is asking for probation. He doesn’t deserve to go to prison because he volunteers at the Derek Zoolander School for Children Who Want to Learn to Read Good and do other stuff good too.
Between the time of the plea and sentencing, Huck asked for a Furlough to go his own funeral (or more accurately a medical appointment) A furlough means that you are in jail but you get a release to attend something like a medical appointment (should be relatively serious not just where they “poof” your eyes), child birth, funeral so on and so forth. But you are still technically in custody and if you don’t come back you can be charged with escape. So Huck wanted a furlough and the Judge warned him he would give him to top of the box sentencing of 117 months if he didn’t come back.
He didn’t come back. When he was found in Missouri engaging in general tomfoolery he went to sentencing. Defense counsel asked for 60 months. The range was 51-60, give him the top. The State said, not less than 60 but they would be okay with 98. The district court sentenced to 108. Huck appealed.
Finn argues that the district court imposed an unlawful sentence when it sentenced him outside the 51- to 60-month sentencing range contemplated by the plea agreement without giving him an opportunity to withdraw his guilty plea. The state argues that the 108-month sentence was within the district court’s sentencing discretion because Finn submitted a straight plea. The district court must either “reject or accept the plea of guilty on the terms of the plea agreement.” Minn. R. Crim. P. 15.04, subd. 3(1). If the district court rejects the plea agreement reached by the parties, it must afford the defendant an opportunity to withdraw his plea. Id. If a district court accepts a plea agreement that includes “an unqualified promise . . . on the sentence to be imposed,” it must either sentence according to theagreement or allow the defendant to withdraw his guilty plea. State v. Kunshier, 410 N.W.2d 377, 379 (Minn. App. 1987), review denied (Minn. Oct. 21, 1987). The court first examines “what the parties to the plea bargain reasonably understood to be the terms of the agreement” to determine whether the agreement was violated. Wukawitz, 662 N.W.2d at 527.
This one is relatively easy. This was not a str8 plea. There was a range of 51-60. By sentencing to him 108 months the plea agreement was violated. The court could reject the plea but then Huck could withdraw. But the only thing that is getting withdrawn is Huck from his 108 month. This one gets flipped and Huck will get resentenced. Straight up now sentence me now is it going to be 108 months forever? Oh, oh is it just going to be a range from 60 to 51?
