Cited by

see also Lussier v. State , n.2 (Minn. 2012) (stating that motions to withdraw a guilty plea after sentencing “must be raised in a petition for postconviction relief”).

The factual basis to support a plea “may be supplemented by other evidence,” and a defendant may not withdraw a plea “if the record contains sufficient evidence to support the conviction.” (quotation omitted).

His argument is that there is instead a reasonable inference this was a “fatal episode of erotic asphyxia.” The intent element for first-degree domestic abuse murder is “an extreme indifference to human life,” meaning “recklessness or at a minimum, gross negligence.” Minn. Stat. § 609.185(a)(6); (citation omitted) (internal quotation marks omitted).

The supreme court has generally “cautioned against the use of exclusively leading questions to establish a proper factual basis for a guilty plea.” d 391, 396 5 This case is nonprecedential and, therefore, not binding.

A proper factual basis is established when the record shows there is “credible evidence” that “would support a jury verdict that defendant is guilty of at least as great a crime as that to which [they pleaded] guilty.” (quotation omitted).

see, e.g. , –17 (Minn. 1994) (distinguishing the factual basis of straight pleas from Alford and Norgaard pleas); 588–89 (Minn. 2012) (stating that grand-jury transcript may supplement plea colloquy where it was admitted at plea hearing and acknowledged by defendant); –52 (Minn. 1983) (holding that the function 6 of the record during a guilty plea is to ensure that a defendant is not a

-89 (Minn. 2012) (“Indeed, the plea petition and colloquy may be supplemented by other evidence to establish the factual basis for a plea.”).

(stating the burden is on the defendant to demonstrate that their plea was invalid).

A proper factual basis is established when the record shows “there is credible evidence available which would support a jury verdict that defendant is guilty of at least as great a crime as that to which [they pleaded] guilty.”

And the supreme court has previously held that “the plea petition and colloquy may be supplemented by other evidence to establish the factual basis for a plea.”

Second, Randall distinguishes his case from that in Lussier v. State , d 581 (Minn. 2012), arguing that the supreme court in that case upheld the guilty plea and relied on “other circumstances that lent credibility to the plea despite the use of leading questions.” In Lussier, the supreme court determined that there was “ample credible evidence in the record” to support the guilty plea.

Similarly in Dye, where the victim suffered a gunshot wound to the abdomen, the state 2 -89 (Minn. 2012), the Minnesota Supreme Court concluded that the factual basis could be based on the grand jury transcript, which was admitted into the record without objection during the defendant’s plea hearing.

“To be accurate, a plea must be established on a proper factual basis.” (quotation omitted).

“[A] motion to withdraw a guilty plea made after sentencing must be raised in a petition for postconviction relief.” n.2 (Minn. 2012).

nsider “evidence not expressly acknowledged and admitted by the defendant during the colloquy.” (reviewing a d 852 (Minn. 2016)).

1; n.2 (Minn. 2012) (stating that motions to withdraw guilty plea after sentencing “must be raised in a petition for postconviction relief”).

“The purpose of the accuracy requirement is to protect a defendant from pleading guilty to a more serious offense than that for which he could be convicted if he insisted on his right to trial.” (quotation omitted).

Generally, a proper factual basis is established “by asking the defendant to express in his own words what happened.” (quotation omitted).

For a plea to be accurate, “a plea must be established by a proper factual basis.” Lussier v. State , .

The accuracy requirement is intended to “protect a defendant from pleading guilty to a more serious offense than that for which he could be convicted if he insisted on his right to trial.”

1; n.2 (Minn. 2012) (reaffirming that “a motion to withdraw a guilty plea made after sentencing must be raised in a petition for postconviction relief”) .

The accuracy requirement is designed to “protect [] a defendant from pleading guilty to a more serious 5 offense than that for which he could be convicted if he insisted on his right to trial.” (alteration in original) (quotation omitted).

Lussier v. State , State v. Trott , –52 (Minn. 1983).

“Whether a plea is valid is a question of law which we review de novo.”

“Whether a plea is valid is a question of law which we review de novo.”

See, -89 (Minn. 2012).4 Here, Trombley acknowledged that the offense occurred “in Plymouth.” A court may take notice of the fact that Plymouth is within Hennepin County.

The accuracy requirement is designed to “protect a defendant from pleading guilty to a more serious offense than that for which he could be convicted if he insisted on his right to trial.” (quotation omitted).

The supreme court has “cautioned against the use of exclusively leading questions to establish a proper factual basis for a guilty plea.”

Establishing a proper factual basis is “typically” accomplished “ ‘by asking t he defendant to express in his own words what happened.’” (quoting Raleigh, d at 94).

A proper factual basis is established when “the record contains a showing that there is credible evidence available which would support a jury verdict that [the] defendant is guilty of at least as great a crime as that to which he pled guilty.” Lussier v. State , –89 (Minn. 2012).

-89 (Minn. 2012) ((“[T]he plea petition and colloquy may be supplemented by other evidence to establish the factual basis for the plea.”) ; (indicating that a defendant who has pleaded guilty “in effect, judicially admitted the allegat ions contained in the comp

Establishing a proper factual basis is “typically” accomplis hed “by asking the defendant to express in his own words what happened.” (quoting Raleigh, d at 94).

Establishing a proper factual basis is “t ypical[ly]” accomplished “by asking the defendant to express in his own words what happened.” (quoting Raleigh, d at 94).

“To be accurate, a plea must be established on a proper factual basis.” Id.

Typically, a district court satisfies the accuracy requirement “by asking the defe ndant to express in his ow n words what happened.” (quotation omitted).