Cited by
Opinions in Minnesota that cite State of Minnesota v. Dakari Michael Coles, 862 N.W.2d 477.
- Mathew Paul Crow v. State of Minnesota Minn. Ct. App. 2026
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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Simon Christopher Mueller, petitioner, Appellant,
Minn. Ct. App. 2025
But it is “limited to sentences”: a proper rule 27.03 motion must allege that a sentence is “contrary to law or applicable statutes.”
- Adrian Dominic Riley v. State of Minnesota Minn. 2025
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Adrian Dominic Riley v. State of Minnesota
Minn. 2025
Instead, we “look to the pleadings and the relief sought in order to determine the nature of a claim.”
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A24-1949
Minn. Ct. App. 2025
By contrast, a motion to correct a sentence grants the 6 district court limited authority to modify only a sentence, but is not subject to a time bar, Minn. R. Crim.
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Bruce Ray Fairbanks, petitioner, Appellant,
Minn. Ct. App. 2025
By its terms, rule 27.03, subdivision 9, “is limited to sentences, and the [district] court’s authority under the rule is restricted to modifying a sentence.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
If a sentence imposed pursuant to a plea agreement is modified, “the terms of the plea agreement the parties reached will, in effect, have been rejected.” (quotation omitted).
- Victor Cortez Shelton, petitioner, Appellant, Minn. Ct. App. 2024
- Michael James Rye v. State of Minnesota Minn. Ct. App. 2024
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Michael James Rye v. State of Minnesota
Minn. Ct. App. 2024
When “the sentence at issue is imposed as part of a plea agreement, a motion to change that sentence impacts more than simply the sentence, and [r]ule 27.03 does not apply.”
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Steven Todd Parker, petitioner, Appellant,
Minn. Ct. App. 2024
To determine whether a filing is a motion to correct a sentence or a postconviction petition, the district court must “look to the pleadings and the relief sought in order to determine the nature of [the] claim.”
- Timothy Richard Gilles, petitioner, Appellant, Minn. Ct. App. 2023
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Toby Earl Johnson,
Minn. 2023
(construing a Rule 27.03 motion to correct a sentence as a petition for postconviction relief where the defendant’s “challenge to his sentence implicate[d] more than simply his sentence”).
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A22-1051
Minn. Ct. App. 2023
But “a challenge to a sentence imposed as part of a plea agreement involves more than simply the sentence.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
But the state urges a different approach, arguing that Grasty must pursue postconviction relief because his sentence is part of a
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Accordingly, sentence correction under rule 27.03 is available if, for example, a sentence is premised on an incorrect criminal-history score, departs from the sentencing guidelines without proper support, Amundson, d at 1 Landwehr’s where the defendant invoked both rule 27.03 and the postconviction statute.
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
But “a challenge to a sentence imposed as part of a plea agreement involves more than simply the sentence.”
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Joshua Stuart Vossen, Appellant,
Minn. Ct. App. 2022
11, 2022) (order); -82 (Minn. 2015) (holding that a petition for postconviction relief was appellant’s exclusive remedy because his motion to correct his sentence implicated a plea agreement).
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Dane Michael Vandervoort, petitioner, Appellant,
Minn. Ct. App. 2022
In State v. Coles, the supreme court held that “where the sentence at issue is imposed as part of a plea agreement,” and the appellant ’s requested relief would alter the benefit of the bargain struck, then rule 27.03, subdivision 9, “does not apply.”
- Lannon Lavar Burdunice, petitioner, Appellant, Minn. Ct. App. 2022
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Elliott Lamar-Seccer Pierson, petitioner, Appellant,
Minn. Ct. App. 2022
(stating that “the plain language of Rule 27.03 is limited to sentences”).
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Vernell Lamont Flowers, petitioner, Appellant,
Minn. Ct. App. 2021
Id.; (stating that “the plain language of Rule 27.03 is limited to sentences, and the court’s authority under the rule is restricted to modifying a sentence”) ; -33 (Minn. 2016) (noting “Rule 27.03, subdivision 9, does not create a new cause of action or deny a def
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Jason Lee Bolstad
Minn. 2021
d 477, 479 (Minn. 2015), we applied the de novo standard of review when considering the issue because the arguments of the parties required that we interpret the text of a statute and a procedural rule.
- Eugene Francis Cuypers, petitioner, Appellant, Minn. Ct. App. 2021
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Roy Lee Smith, petitioner, Appellant, vs. State of Minnesota, Respondent.
Minn. Ct. App. 2021
d 477, 481 (Minn. 2015).
- Brent Lanier Lynch, petitioner, Appellant, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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Kevin Terrance Hannon,
Minn. 2021
d 477, 480 (Minn. 2015).
- Victor Demetrius Cole, petitioner, Appellant, Minn. Ct. App. 2021
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Raymond Cortez Steward,
Minn. 2020
See State v. Coles , (“Because Coles’ challenge to his sentence implicates more than simply his sentence, we conclude that it is properly viewed as a petition for postconviction relief under Minn. Stat. § 590.01, not as a motion to correct 6 it must be contrary to law or applicable statutes.” State v. Schnagl, 8
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Fong Lee, petitioner, Appellant,
Minn. Ct. App. 2020
But an offender may not invoke rule 27.03, subdivision 9, to seek relief for anything ot her than an unauthorized sentence because the rule “is limited to sentences, and the court’s authority under the rule is restricted to modifying a sentence.” State v. Coles
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
First, relying on State v. Coles , -82 (Minn. 2015), the state argues that Hill must challenge his sentence through postconviction proceedings because it was imposed as part of a plea agreement.
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Joshua Lee Jones, petitioner, Appellant,
Minn. Ct. App. 2019
A determination of whether the postconviction court properly treated appellant’s motion as a petition for postconvi ction relief presents “issues regarding the interpretation of a procedural rule and statute, questions subject to de novo review.”
- Rossberg v. State 932 N.W.2d 6 Minn. 2019
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Rossberg v. State
932 N.W.2d 6
Minn. 2019
State v. Coles , , 480 (Minn. 2015).
- Evans v. State 925 N.W.2d 240 Minn. 2019
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Evans v. State
925 N.W.2d 240
Minn. 2019
See Wayne v. State , , 391 (Minn. 2015) ; State v. Coles , , 480 (Minn. 2015).
- Walter Johann Happel, petitioner, Appellant, Minn. Ct. App. 2019
- Andrew Carlos Hegranes, petitioner, Appellant, Minn. Ct. App. 2018
- Munt v. State 920 N.W.2d 410 Minn. 2018
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Munt v. State
920 N.W.2d 410
Minn. 2018
State v. Coles , , 480 (Minn. 2015).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
See State v. Coles , (holding that, when a defendant’s “motion to correct his senten c e i m p l i c a t e s h i s p l e a agreement, [the defendant’s] exclusive remedy is a petition for postconviction relief”).
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Manuel Enrique Muro Martinez, petitioner, Appellant,
Minn. Ct. App. 2017
The supreme court in Johnson applied the same reasoning it used in State v. Coles , where the requested relief was a reduced sentence despite a negotiated plea agreement.
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State of Minnesota, Appellant,
Minn. Ct. App. 2017
“The interpretation of the rules of criminal procedure is a question of law subject to de novo review.” (holding same).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
State v. Coles , -81 (Minn. 2015).
- Eldon Paul Koestler, petitioner, Appellant, Minn. Ct. App. 2017
- Williams v. State 899 N.W.2d 504 Minn. Ct. App. 2017
- Williams v. State 899 N.W.2d 504 Minn. Ct. App. 2017