Appeals Court Construes Minn. Rule of Criminal Procedure 27.03

Minnesota case law summary by Attorney Richard Clem: Minn. R. Crim. P. 27.03.

Keith Eugene Washington, a/k/a Monroe Bernard Washington v. State of Minnesota. Minn. R. Crim. P. 27.03.

In this Chisago County Criminal case, the Minnesota Court of Appeals held that an offender may file a motion to correct sentence pursuant to Minnesota Rule of Criminal Procedure 27.03, subdivision 9, only if the offender challenges the sentence on the ground that it is "unauthorized by law" in the sense that the sentence is contrary to an applicable statute or other applicable law. If an offender wishes to challenge a sentence for any other reason, the offender must do so pursuant to chapter 590 of the Minnesota Statutes.

No. A13-1524 (Minn. Ct. App. April 7, 2014).

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


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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