Minnesota case law summary by Attorney Richard Clem: criminal law.

State of Minnesota v. Dakari Michael Coles. MN criminal law

Minnesota Rule of Criminal Procedure 27.03 provides that a "court may at any time correct a sentence not authorized by law." On the other hand, Minn. Stat. 590.01 requires a postconviction petition to correct a sentence to be filed within two years.

In this appeal from Hennepin County, the defendant sought to correct a sentence that had been imposed more than two years earlier. Thus, the issue was whether the relief was available under the rule, or under the statute.

The Minnesota Supreme Court held that the motion in this case implicated the defendant's plea agreement. Therefore, his exclusive remedy was a petition for postconviction relief. Since the request in this case was filed more than two years after the conviction became final, the court held that it was time barred under the statute.

No. A13-0789 (Minn. April 15, 2015).

Please see the original opinion for the court's exact language.

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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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