Cited by

Opinions in Minnesota that cite State v. DeZeler, 427 N.W.2d 231.

40 citing documents.

State of Minnesota, Respondent, Minn. Ct. App. 2026
Daniel John Wyatt, petitioner, Appellant, Minn. Ct. App. 2024
(defendant pleaded guilty without awareness that there would be additional period of conditional release after incarceration); (defendant pleaded guilty based on lower criminal-history score than was correct); (same).
Arthur Rafie Mullins v. State of Minnesota Minn. Ct. App. 2024
Arthur Rafie Mullins v. State of Minnesota Minn. Ct. App. 2024
13 Mullins argues that a “plea agreement based on a mutual mistake regarding the presumptive sentence generally renders a guilty plea unintelligent,”
State of Minnesota, Respondent, Minn. Ct. App. 2022
(holding that a defendant was entitled to withdraw his guilty plea where a mutual mistake as to the defendant’s criminal history score resulted in a lower presumptive sentence than was ultimately imposed).
State of Minnesota, Respondent, Minn. Ct. App. 2022
WL 3558335, at *4 (Minn. App. July 21, 2014), rev. denied (Minn. Sept.
Blama Jamie Koilor, Jr., petitioner, Appellant, Minn. Ct. App. 2021
See, (remanding to permit withdrawal of a guilty plea or re sentencing where the de fendant was mistaken that the offense was not subject to a mandatory conditional release term); (remanding to permit withdrawal of a guilty plea where the defendant mistakenly believed that the presumptive sentence would be a stayed sentence, rendering the plea invalid); State v. Benson , -81 (Minn. 1983) (remanding to permit withdrawal of a guilty plea where the defendant
State of Minnesota, Respondent, Minn. Ct. App. 2021
Teresa Michelle Peterson, petitioner, Appellant, Minn. Ct. App. 2020
the supreme court considered the argument of a defendant who had pleaded guilty under similar circumstances.
Kelsey Anna Ballman, petitioner, Appellant, Minn. Ct. App. 2019
(“[I]f the trial court rejects an agreement as to sentence, the defendant is entitled to withdraw his plea.”); State v. Hamacher
State of Minnesota, Respondent, Minn. Ct. App. 2018
Ruiz’s reliance on State v. DeZeler , is misplaced.
State v. Provost 901 N.W.2d 199 Minn. Ct. App. 2017
State v. Provost 901 N.W.2d 199 Minn. Ct. App. 2017
Junious Taylor, Jr. v. State of Minnesota Minn. Ct. App. 2015
Junious Taylor, Jr. v. State of Minnesota Minn. Ct. App. 2015
For this assertion, (holding that, when both attorneys were mistaken as to a defendant’s criminal-history score and their mistake resulted in a longer sentence, the defendant could withdraw his guilty plea because he entered it relying on their assertion that the defendant’s criminal-history score would result in a
Xavier Jerome Buckhanan v. State of Minnesota Minn. Ct. App. 2015
Xavier Jerome Buckhanan v. State of Minnesota Minn. Ct. App. 2015
State of Minnesota v. Lamar King Minn. Ct. App. 2015
State of Minnesota v. Lamar King Minn. Ct. App. 2015
If the district court rejects an agreed-upon sentence, “the defendant is entitled to withdraw [the] plea.”
David Laurence Hodges v. State of Minnesota Minn. Ct. App. 2014
David Laurence Hodges v. State of Minnesota Minn. Ct. App. 2014
In State v. DeZeler, the supreme court held that the district court “should have allowed [a] defendant to withdraw his plea” when it was discovered that the parties made a “mutual mistake as to what [the] defendant’s criminal history score was.” d 231, 235 (Minn. 1988).
State v. Martinez-Mendoza 804 N.W.2d 1 Minn. 2011
Anderson v. State 746 N.W.2d 901 Minn. Ct. App. 2008
Anderson v. State 746 N.W.2d 901 Minn. Ct. App. 2008
The court has also found manifest injustice when the defendant agreed to a specific sentence but did not receive notice until after sentencing that a conditional release term would be imposed, -30 (Minn.2005), when the defendant and the state were mutually mistaken as to the defendant’s criminal history score, -35 (Minn. 1988), and when the district court declines to give a plea agreement effect, State v. Loyd, 291 Minn. 528, 531
In re S.L. 663 N.W.2d 31 Minn. Ct. App. 2003
In Re Sl 663 N.W.2d 31 Minn. Ct. App. 2003
In Re Sl 663 N.W.2d 31 Minn. Ct. App. 2003
In re S.L. 663 N.W.2d 31 Minn. Ct. App. 2003
State v. Kortkamp 560 N.W.2d 93 Minn. Ct. App. 1997
State v. Kortkamp 560 N.W.2d 93 Minn. Ct. App. 1997
("defendant is not entitled to withdraw the plea unless he can establish either (a) that, * * * he mistakenly believed that he could withdraw his plea if the trial court rejected the prosecutor’s recommendation *96 or (b) that there is some other ground for withdrawal.”) 3 .
Perkins v. State 559 N.W.2d 678 Minn. 1997
Perkins v. State 559 N.W.2d 678 Minn. 1997
Perkins v. State 540 N.W.2d 908 Minn. Ct. App. 1995
Perkins v. State 540 N.W.2d 908 Minn. Ct. App. 1995
State v. Hamacher 511 N.W.2d 458 Minn. Ct. App. 1994
State v. Hamacher 511 N.W.2d 458 Minn. Ct. App. 1994
State v. Tyska 448 N.W.2d 546 Minn. Ct. App. 1989
State v. Tyska 448 N.W.2d 546 Minn. Ct. App. 1989
Joon Kyu Kim v. State 434 N.W.2d 263 Minn. 1989
Joon Kyu Kim v. State 434 N.W.2d 263 Minn. 1989
(holding that trial court erred in denying pre-sentence motion to withdraw guilty plea based on mutual mistake as to what defendant’s criminal history score was and on parties’ erroneous assumption that the presumptive sentence was a stayed sentence).

Explore

Outcomes

Cited by