Cited by
Opinions in Minnesota that cite State of Minnesota v. Dakari Michael Coles, 862 N.W.2d 477.
- Ryan Daniel Jones-Adams, Petitioner Minn. Ct. App. 2017
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Joseph Milton Barnes, petitioner Respondent,
Minn. Ct. App. 2017
The state’s is misguided.
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- Darrell Dewayne Dickerson v. State of Minnesota Minn. Ct. App. 2017
- Darrell Dewayne Dickerson v. State of Minnesota Minn. Ct. App. 2017
- State of Minnesota v. Randy Joseph Fellman Minn. Ct. App. 2017
- State of Minnesota v. Randy Joseph Fellman Minn. Ct. App. 2017
- John Howard Bartz v. State of Minnesota Minn. Ct. App. 2016
- John Howard Bartz v. State of Minnesota Minn. Ct. App. 2016
- Willie Edd Reynolds v. State of Minnesota 888 N.W.2d 125 Minn. 2016
- Willie Edd Reynolds v. State of Minnesota 888 N.W.2d 125 Minn. 2016
- Marcus Allen Brown v. State of Minnesota Minn. Ct. App. 2016
- Marcus Allen Brown v. State of Minnesota Minn. Ct. App. 2016
- Kim Thul Ouk v. State of Minnesota 884 N.W.2d 392 Minn. 2016
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Kim Thul Ouk v. State of Minnesota
884 N.W.2d 392
Minn. 2016
does not err in construing a Rule 27.03, subdivision 9 motion as a petition for postconviction relief where the appellant’s challenge ‘implicates more than simply his sentence.’ ” ().
- State of Minnesota v. William Heminchi Underhill Minn. Ct. App. 2016
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State of Minnesota v. William Heminchi Underhill
Minn. Ct. App. 2016
“[A] challenge to a sentence imposed as part of a plea agreement involves more than simply the sentence.”
- Harry Jerome Evans v. State of Minnesota 880 N.W.2d 357 Minn. 2016
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Harry Jerome Evans v. State of Minnesota
880 N.W.2d 357
Minn. 2016
It therefore follows that a defendant may use Rule 27.03 to challenge a restitution award that is contrary to law or applicable statutes, subject to the limitations set forth in Johnson, d at 176
- Toby Earl Johnson v. State of Minnesota 877 N.W.2d 776 Minn. 2016
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Toby Earl Johnson v. State of Minnesota
877 N.W.2d 776
Minn. 2016
modifying a sentence.” Wayne, d at 391 ().
- State of Minnesota v. Rafael Alfonso Banks 875 N.W.2d 338 Minn. Ct. App. 2016
- State of Minnesota v. Rafael Alfonso Banks 875 N.W.2d 338 Minn. Ct. App. 2016
- Willie Edd Reynolds v. State of Minnesota 874 N.W.2d 257 Minn. Ct. App. 2016
- Wilson Newongeby Kpahn v. State of Minnesota Minn. Ct. App. 2016
- Wilson Newongeby Kpahn v. State of Minnesota Minn. Ct. App. 2016
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Willie Edd Reynolds v. State of Minnesota
874 N.W.2d 257
Minn. Ct. App. 2016
–81 (Minn. 2015); –92 (Minn. 2015) (applying Coles and deeming the claim outside the rule because a victory would have entitled the claimant to “a new trial, not a reduced sentence”).
- Marcus Allen Brown v. State of Minnesota Minn. Ct. App. 2016
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Marcus Allen Brown v. State of Minnesota
Minn. Ct. App. 2016
The Minnesota Supreme Court recently stated that when a defendant challenges a sentence that was imposed as part of a plea agreement, a motion for relief under rule 27.03, subdivision 9, “impacts more than simply the sentence.”
- Darwin Ray Battle-Bey v. State of Minnesota Minn. Ct. App. 2015
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Darwin Ray Battle-Bey v. State of Minnesota
Minn. Ct. App. 2015
“[C]ourts in some circumstances have the authority to treat a request to correct a sentence purportedly brought under Rule 27.03 as a petition for postconviction relief.”
- Michael Wayne v. State of Minnesota 870 N.W.2d 389 Minn. 2015
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Michael Wayne v. State of Minnesota
870 N.W.2d 389
Minn. 2015
Indeed, “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.”
- Christopher Eugene Wheeler v. State of Minnesota Minn. Ct. App. 2015
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Christopher Eugene Wheeler v. State of Minnesota
Minn. Ct. App. 2015
We also note that the supreme court recently stated that “where 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 Rule 27.03 does not apply.”
- Jacob Stephen Brown v. State of Minnesota 863 N.W.2d 781 Minn. 2015