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STATE OF MINNESOTA

IN SUPREME COURT

A19-0170

Court of Appeals Hudson, J.
Took no part, Gildea, C.J.
State of Minnesota,

Respondent,

vs. Filed: March 11, 2020
Office of Appellate Courts
Luis Damian Cruz Montanez,

Appellant.

________________________

Keith Ellison, Attorney General, Michael Everson, Assistant Attorney General, Saint Paul,
Minnesota, for respondent.

Cathryn Middlebrook, Chief Appellate Public Defender, Saint Paul, Minnesota; and

Kristine A. Kolar, Ninth District Chief Public Defender, Scott G. Collins, Assistant Public
Defender, Thief River Falls, Minnesota, for appellant.

Teresa J. Nelson, David McKinney, Minneapolis, Minnesota; and

Ian Bratlie, Mankato, Minnesota, for amicus curiae American Civil Libertie s Union of
Minnesota.
________________________
S Y L L A B U S
By pleading guilty before filing his petition for review, appellant waived the issue of
whether a defendant represented by a public defender may request funding under Minn. Stat.
§ 611.21(a) (2018) for out -of-court interpreter services to facilitate attorney-client
communication.
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Dismissed.
O P I N I O N
HUDSON, Justice.
The issue presented in this case is whether a defendant represented by a public
defender may request funding under Minn. Stat. § 611.21(a) (2018) for out -of-court
interpreter services to facilitate attorney -client communication. The district court denied
appellant Luis Damian Cruz Montanez’s request for that funding. The court of appeals
affirmed, concluding that Minn. Stat. § 611.21(a) does not apply to interpreter services.
Because appellant waived the interpreter-funding issue by pleading guilty before filing his
petition for review, we dismiss the appeal.
FACTS
The appellant, Luis Damian Cruz Montanez , was charged with second-degree
assault and attempted second-degree murder in connection with a stabbing in Thief River
Falls on July 29, 2018. Cruz Montanez speaks little to no English and needed an interpreter
for his in-court appearances and out -of-court meetings with his public defender. Cruz
Montanez had an interpreter for all in-court proceedings. His counsel filed an ex parte
application with the district court to fund interpreter services for out-of-court meetings with
counsel, pursuant to Minn. Stat. § 611.21(a), because the Ninth District Public Defender’s
Office did not have any funds remaining in its fiscal- year budget for interpreter services.
The district court denied the application.
Cruz Montanez’s counsel filed a second ex parte application to fund interpreter
services, this time attaching affidavits from the Chief Public Defender for the Ninth District
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and the Chief Administrator for the State Board of Public Defense. The affiants stated that
the district public defender’s office did not have any funds remaining in its fiscal year 2019
budget to pay for experts, interpreters, and other defense costs. The district court denied
the ex parte application, reasoning that Minn. Stat. § 611.33, subd. 3 (2018), requires the
State Board of Public Defense to assume responsibility for funding out-of-court interpreter
services for communications with counsel and that Minn. Stat. § 611.21(a) does not apply
to interpreter services.
Cruz Montanez appealed the district court’s order. In the interim, Cruz Montanez
communicated with counsel outside of court through an interpreter who agreed to accept
delayed payment. In other words, Cruz Montanez received the services that he needed.
The court of appeals affirmed the district court’s order in an opinion filed on April 8, 2019.
State v. Cruz Montanez, 926 N.W.2d 434, 436 (Minn. App. 2019). On April 24, 2019,
Cruz Montanez pleaded guilty to second-degree assault. On the same day, the district court
accepted his guilty plea and imposed a sentence of 1 year and 1 day. Cruz Montanez was
released from custody based on credit for time served. He filed a petition for review on
April 30, 2019, which we granted.
ANALYSIS
Appellant asks us to decide whether a defendant represented by a public defender
may request funding under Minn. Stat. § 611.21(a) for out-of-court interpreter services to
facilitate attorney-client communication. We, however, are unable to resolve that issue in
this case. We have h eld that a criminal defendant’s valid guilty plea waives “all non-
jurisdictional defects arising prior to the entry of the plea.” State v. Ford, 397 N.W.2d 875,
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878 (Minn. 1986). Cruz Montanez does not challenge the validity of his plea (for lack of
interpreter services or any other reason), and there is no evidence of a jurisdictional defect.
Based on this longstanding rule, we conclude that Cruz Montanez waived his right to
challenge the denial of his request for funding under Minn. Stat. § 611.21(a) for out-of-
court interpreter services when he pleaded guilty before filing his petition for review.
Funding for out- of-court interpreter services to facilitate attorney -client
communication is undeniably an important issue that affects many defendants.
Nevertheless, an issue must be properly preserved for us to address it. Because Cruz
Montanez waived his right to challenge the denial of his request for funding by pleading
guilty, we dismiss the appeal.
CONCLUSION
For the foregoing reasons, we dismiss the appeal of Luis Damian Cruz Montanez.
Dismissed.

GILDEA, C.J., took no part in the consideration or decision of this case.