Cited by
Opinions in Minnesota that cite State v. Garcia, 582 N.W.2d 879.
- Fidel Pizarro-Rios v. State of Minnesota Minn. Ct. App. 2025
-
Fidel Pizarro-Rios v. State of Minnesota
Minn. Ct. App. 2025
And the two Minnesota Supreme Court cases from which Calmes, d at 644–45, derived the crystallized-expectation-of-finality due- process standard—Humes, d at 317, n.6 (Minn. 2016)—each dealt with subject-matter jurisdiction as a separate question from due process and double jeopardy, applying the crystallized-expectation-of-finality standard only in the latter analysis.
- Alan Joseph Zakrajshek v. State of Minnesota Minn. Ct. App. 2024
-
Alan Joseph Zakrajshek v. State of Minnesota
Minn. Ct. App. 2024
(stating that, when applying a prior version of the statute, the terms of conditional-release statute are “mandatory and nonwaivable”).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2022
CS-2 753-54, or omits a required conditional-release term
-
Stephen Dontrail Thornton, petitioner, Appellant,
Minn. Ct. App. 2022
wn, d at 672-73, 75 (Minn. 2000) (affirming modification of sentence that imposed a period of conditional release that was not included in the plea petition and was not imposed at the initial sentencing hearing because the additional period of conditional release did not extend Brown’s sentence beyond the period of time contemplated in the plea petition); - 82 (Minn. 1998) (holding that m andatory periods of conditional release cannot be waived, but allowing Garcia the option to withdraw his ple
-
Brent Lanier Lynch, petitioner, Appellant,
Minn. Ct. App. 2021
See, e.g., Reynolds, d at 130
-
State of Minnesota, Respondent,
Minn. Ct. App. 2020
State v. Garcia , -82 (Minn. 1998).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
20, 2012); (holding that “there is no constitutional right to specific performance of a plea agreemen t”).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
In State v. Garcia, the Minnesota Supreme Court concluded that an unqualified promis e induced the defendant’s plea and remanded 5 to the district court to allow the defendant to withdraw his guilty plea “if he so chooses.” -82 (Minn. 1998).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
Kendricks’s reliance on James v. State , 730 (Minn. 2005), d 879, 882 (Minn. 1998), is misplaced.
- State of Minnesota v. Randy Joseph Fellman Minn. Ct. App. 2017
- State of Minnesota v. Randy Joseph Fellman Minn. Ct. App. 2017
- State of Minnesota v. Forrest Grant Noggle 881 N.W.2d 545 Minn. 2016
-
State of Minnesota v. Forrest Grant Noggle
881 N.W.2d 545
Minn. 2016
9.6 For the above reasons, we reverse the 6
-
Harry Jerome Evans v. State of Minnesota
880 N.W.2d 357
Minn. 2016
at 481-82; (recognizing that if a court corrects a sentence that was part of a plea agreement, the defendant “must be allowed to withdraw from the plea agreement if he so chooses”).
- State of Minnesota v. Aaron Arnold Lind-Pashina Minn. Ct. App. 2016
- State of Minnesota v. Aaron Arnold Lind-Pashina Minn. Ct. App. 2016
- State of Minnesota v. Shawn Theodore Hoshal Minn. Ct. App. 2016
-
State of Minnesota v. Shawn Theodore Hoshal
Minn. Ct. App. 2016
Nothing in the record supports Hoshal’s assertion that he pleaded “with the expectation that he would receive no more than the presumptive guidelines range.” (holding that where the specific sentence promised by the prosecution did not include the mandatory conditional-release term, the promise was unauthorized by law and the defendant must be allowed to withdraw the plea).
- State of Minnesota v. Kyle Mitchell Hood Minn. Ct. App. 2015
-
State of Minnesota v. Kyle Mitchell Hood
Minn. Ct. App. 2015
- 82 (Minn. 1998) (declining to grant defendant specific performance of plea agreement when it included terms that district court had no authority to impose in first place).
- State of Minnesota v. Dakari Michael Coles 862 N.W.2d 477 Minn. 2015
-
State of Minnesota v. Dakari Michael Coles
862 N.W.2d 477
Minn. 2015
(“If the court rejects the plea agreement, it must advise the parties in open court and then call upon the defen *481 dant to either affirm or withdraw the plea.”); (recognizing that if a court corrects a sentence that was part of a plea agreement, the defendant “must be allowed to withdraw from, the plea agreement if he so chooses”).
- Jeremy Shane Zimmermann v. State of Minnesota Minn. Ct. App. 2015
-
Jeremy Shane Zimmermann v. State of Minnesota
Minn. Ct. App. 2015
See, e.g., James, d at 725-26, 730; 526-29 (Minn. 2003); -45 (Minn. 2000); -82 (Minn. 1998).
- Robel Belay Kubrom v. State of Minnesota 863 N.W.2d 88 Minn. Ct. App. 2015
-
Robel Belay Kubrom v. State of Minnesota
863 N.W.2d 88
Minn. Ct. App. 2015
Six months after Humes, d 879 (Minn. 1998).
- State of Minnesota, Respondent/Cross-Appellant v. Brian Keith Schnagl, a/k/a Brian Keith Schnagel, Appellant/Cross-Respondent. 859 N.W.2d 297 Minn. 2015
- State of Minnesota, Respondent/Cross-Appellant v. Brian Keith Schnagl, a/k/a Brian Keith Schnagel, Appellant/Cross-Respondent. 859 N.W.2d 297 Minn. 2015
- State of Minnesota v. Lamar King Minn. Ct. App. 2015
-
State of Minnesota v. Lamar King
Minn. Ct. App. 2015
d 517, 527 (Minn. 2003) (holding that plea withdrawal should be the first option, but if the state would be unduly prejudiced by withdrawal, the district court may modify the sentence); (remanding for the district court to either allow appellant to withdraw his plea or to modify his sentence to the agreed-upon sentence); (holding that appellant must be allowed to withdraw from the plea agreement if he so chooses, but if he does not so choose, the sentence should be amended to not exceed the agre
- State of Minnesota v. Thomas Joseph McManus Minn. Ct. App. 2014
- State of Minnesota v. Thomas Joseph McManus Minn. Ct. App. 2014
- State of Minnesota v. Jack Perry Frazier Minn. Ct. App. 2014
-
State of Minnesota v. Jack Perry Frazier
Minn. Ct. App. 2014
See, (discussing due process limitations on court’s ability to correct sentence when defendant claims to have “crystallized expectation of finality” in originally imposed sentence); (same); Humes, d at 320-21 (same).
- Washington v. State 845 N.W.2d 205 Minn. Ct. App. 2014
-
Washington v. State
845 N.W.2d 205
Minn. Ct. App. 2014
See, (offender’s motion); -77 (Minn.2011) (offender’s motion); (state’s motion).
- State v. Martinez-Mendoza 804 N.W.2d 1 Minn. 2011
- Carey v. State 765 N.W.2d 396 Minn. Ct. App. 2009
-
Carey v. State
765 N.W.2d 396
Minn. Ct. App. 2009
where the supreme court held that the defendant was entitled to withdraw his guilty plea because the district court imposed a sentence that was contrary to an essential term of his plea agreement.
- Oldenburg v. State 763 N.W.2d 655 Minn. Ct. App. 2009
-
Oldenburg v. State
763 N.W.2d 655
Minn. Ct. App. 2009
-20 (Minn.2003); -73 (Minn.2000)
- James v. State 699 N.W.2d 723 Minn. 2005
-
James v. State
699 N.W.2d 723
Minn. 2005
In the petition, he had an absolute right to either have his sentence modified or be allowed to withdraw his plea because the conditional release term was not included in his original plea agreement.
- State v. Rhodes 675 N.W.2d 323 Minn. 2004
- State v. Rhodes 675 N.W.2d 323 Minn. 2004
- State v. Wukawitz 662 N.W.2d 517 Minn. 2003
- State v. Wukawitz 662 N.W.2d 517 Minn. 2003
- State v. Borrego 661 N.W.2d 663 Minn. Ct. App. 2003