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4 sentence entered as part of a plea agreement is more nuanced because it “involves more than simply the sentence.” Coles, d at 481 (d 535, 539 (Minn. 2003)).

Ultimately, this court in Misquadace remanded the case for resentencing, stating that “the district court may also consider motions to vacate or to modify the agreement and may reconsider its own decision to accept the plea agreement.” d at 491; (holding that the district court, on remand, may consider motions to vacate a conviction and plea agreement if it finds no grounds for an upward departure in the agreed-upon sentence from the plea agreement).

( (alteration in original).

In Coles, the supreme court recognized that “a challenge to a sentence imposed as part of a plea agreement involves more than simply the sentence.” d at 481; see also State v. Lewis

use a plea of guilty as a tactical device to frustrate the prosecution of an offense which the evidence would support.”); see also State v. Lewis , d 535, 538-39 (Minn. 2003).

See Williams v. State , , 740 (2018) (noting that questions of law, including the interpretation of rules of procedure and "[d]etermining which party has the burden of proof," are reviewed de novo); State v. Obeta , , 288 (Minn. 2011) ("The question of whether to overrule precedent is a legal one that is subject to de novo review."); State v. Lewis , , 537 (Minn. 2003) ("We review de novo the question whether and to what extent our precedent should be given retroactive effect.").

(noting that if the conviction and sentencing components of a plea agreement are interrelated , “the district court should be free to consider the effect that changes in the sentence have on the entire plea agreement” ).

See State v. Lewis , (stating that in Misquadace, the supreme court expressly limited its retroactive application).

until the appellate court has pronounced its decision.” (alteration in original) (quotation omitted) (concluding that defendant may rely.on state supreme court opinion issued during pendency of defendant’s direct appeal).

But an appeal “suspends a judgment and deprives it of its finality,” which is essential in criminal cases “because to apply a new rule [of law] to the case in which it was announced but to not apply it to other cases that were then on direct appeal would be to treat similarly situated criminal defendants differently.” -38 (Minn. 2003) (quotation and citation omitted).

() 2 The record demonstrates that the parties contemplated and agreed that appellant would receive lifetime conditional releases on case two and case three.

However, because the error in this case resulted from a plea agreement, the district court on remand is “‘free to consider the effect that ch anges in the sentence have on the entire plea agreement’ and could entertain motions to vacate the conviction a nd the plea agreement.” (d 535, 539 (Minn. 2003)), review denied (Minn. Aug.

In a similar context, the supreme court has stated that various “components” of a plea agreement may be “interrelated” such that, if one particular term of a plea agreement is deemed invalid, “the district court should be free [on remand] to consider the effect” that the invalid term may “have on the entire plea agreement.”

In such a circumstance, we reasoned, the terms of the plea are essentially rejected, and the district court would be “free to consider the effect that changes in the sentence ha[d] on the entire plea agreement.” Coles, d at 481 ().

But when, as here, the error results from a plea agreement, the district court on remand is “‘free to consider the effect that changes in the sentence have on the entire plea agreement’ and could entertain motions to vacate the conviction and the plea agreement.” ().

agreed with the state’s argument that “the sentences at issue were part of a ‘package’ and that a modification by this court [would allow the defendant] to retain all the benefits of the plea bargain but to escape a portion of the consequences he agreed to.” aff’d on other grounds, (stating that following defendant’s successful appeal of his sentence “the district court should be free to consider the effect that changes in the sentence have on the entire plea agreement”); (rejecting the

Because the upward durational departure was imposed as part of a plea agreement, granting appellant’s motion to correct his sentence would give the state a to seek vacation of appellant’s conviction and would, therefore, affect both appellant’s sentence and his conviction.

(recognizing that a conviction is not final until “a judgment of conviction has been rendered” and “the availability of appeal exhausted”) ().

2 *754 The state, argues that this case should be remanded to allow the district court to provide reasons for the upward departure.

-38 (Minn. 2003); Brezinka v. Bystrom Brothers, Inc., -93 (Minn.1985), as support for its contention that Holen established a new rule.

at 713 ; (“[T]o apply a new rule to the case in which it was announced but to not apply it to other cases that were then on direct appeal ‘would be to treat similarly situated criminal defendants differently.’ ”) (citation omitted).