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A guilty plea is not voluntary if it is “induced by unfulfilled or unfulfillable promises.” (quotation omitted).

(concluding that the defendant was entitled to plea withdrawal because the plea “was induced by an unfulfilled promise”); (asserting a guilty plea may not be based on improper inducement); (h

(stating that after the time for direct appeal, the only way to seek plea withdrawal is by postconviction proceedings).

A guilty plea is not voluntary if it is “induced by unfulfilled or unfulfillable promises.” (quotation omitted).

DECISION When a defendant seeks to withdraw a guilty plea after sentencing, “ the motion to withdraw the plea must be raised in a petition for postconviction relief.”

(holding that if a criminal defendant pleaded guilty based on a promise or agreement of the prosecutor, and there is a subsequent breach of the plea agreement, the district court may “allow withdrawal of the plea, order specific performance, or alter the sentence if appropriate”); -29 (Minn. 2005).

“[T]he interpretation and enforcement of plea agreements present legal issues that [appellate courts] review de novo.”

And the supreme court has interpreted Minn. Stat. § 590.01 to require that “[w]hen a criminal defendant seeks to withdraw a guilty plea under Rule 15.05, after the defendant has been sentenced, the motion to withdraw the plea must be raised in a petition for postconviction relief.”

1; see also James v. State , (stating that, after sentencing, a motion to withdraw a guilty plea must be raised in a petition for postconviction relief).

“The defendant bears the burden of proving, by a preponderance of the evidence, that the facts warrant withdrawal of the guilty plea.” rev’d on other grounds, d 723 (Minn. 2005).

“The defendant bears the 6 burden of proving, by a preponderance of the evidence, that the facts warrant withdrawal of the guilty plea.” James v. State , rev’d on other grounds

4 DECISION “When a criminal defendant seeks to withdraw a guilty plea under Rule 15.05, after the defendant has been sentenced, the motion to withdraw the plea must be raised in a petition for postconviction relief.” see also Minn. R. Crim.

“A guilty plea cannot be induced by unfulfilled or unfulfillable promises, including a promise of a sentence unauthorized by law.”

DECISION “When a criminal defendant seeks to withdraw a guilty plea under Rule 15.05, after the defendant has been sentenced, the motion to withdraw the plea must be raised in a petition for postconviction relief.”

“[T]he interpretation and enforcement of plea agreements present legal iss ues that we review de novo.” James v. State

See James v. State , (quotation omitted); d at 674.

to argue that his plea was not intelligent because he was not aware of the ten-year conditional-release term 7 until after he pleaded guilty.

(“When a criminal defendant seeks to withdraw a guilty plea .

(“[W]e conclude that there is no reason to treat timeliness under Rule 15.05 differently from the manner in which delays in filing petitions for postconviction relief are treated.”).

James v. State , -29 (Minn. 2005).

“[T]he timeliness of a petition to withdraw a guilty plea is a relevant consideration in determining whether that relief should be granted.” James v. State , .

James v. State , State v. Jumping Eagle

“On demonstration th at a plea agreement has been breached, the court may allow withdrawal of the plea, orde r specific performance, or alter the sentence if appropriate.” -29 (Min n. 2005).

When such a promise is breached, a court “ ‘may allow withdrawal of the plea, order specific performance, or alter the sentence if appropriate.’” - 29 (Minn. 2005) (quoting State v. Brown , ).

Despite this authority, to support his argument that “[a] claim that the state violated a plea agreement may be raised for the first time on appeal.” But those cases involve challenges to the validity of a guilty plea.

Kendricks’s reliance on James v. State , 730 (Minn. 2005), d 879, 882 (Minn. 1998), is misplaced.

When a defendant seeks to withdraw his guilty plea after sentencing, “the motion to withdraw the plea must be raised in a petition for postconviction relief.”

“Determining what the parties agreed to in a plea bargain is a factual inquiry for the postconviction court to resolve.” (quotation omitted).

“When a criminal defendant seeks to withdraw a guilty plea under Rule 15.05, after the defendant 3 has been sentenced, the motion to withdraw the plea must be raised in a petition for postconviction relief.”

“A guilty plea is involuntary when it rests ‘in any significant degree’ on an unfulfilled or unfulfillable promise[.]” (-29 (Minn. 2005)).