Cited by

Opinions in Minnesota that cite State v. Kunshier, 410 N.W.2d 377.

22 citing documents.

Emmanuel Troy Davis, petitioner, Appellant, Minn. Ct. App. 2025
But when the district court encounters a plea agreement that specifically includes an agreed- upon sentence, the district court has “no discretion to reject [the plea agreement] without tendering to [the defendant] his right to withdraw that plea and stand trial.” -80 (Minn. App. 1987), rev. denied (Minn. Oct.
State of Minnesota v. Devin Lee Arola Johnson Minn. Ct. App. 2023
State of Minnesota v. Devin Lee Arola Johnson Minn. Ct. App. 2023
Arola Johnson’s rev. denied (Minn. Oct.
State of Minnesota, Respondent, Minn. Ct. App. 2022
(stating that guilty plea is involuntary when “based on a promise by the prosecutor that goes unfulfilled”); (stating that defendant should be allowed to withdraw guilty plea if an unqualified promise as to sentence is not fulfilled).
State of Minnesota, Respondent, Minn. Ct. App. 2022
State of Minnesota, Respondent, Minn. Ct. App. 2021
See State v. Kunshier , - 80 (Minn. App. 1987), review denied (Minn. Oct.
State of Minnesota, Respondent, Minn. Ct. App. 2019
(stating that a district court judge may elect not to acc ept a plea until further information is available, such as information provided by a pre sentence investigation), review denied (Minn. Oct.
State of Minnesota, Respondent, Minn. Ct. App. 2018
In the first, State v. Kunshier, this court held that the district court “erred by denying [ Kunshier’s] motion to withdraw his guilty plea when the record show[ed Kunshier’s] guilty plea was induced by a promise as to sentencing which was not fulfilled.” review denied (Minn. 5 Oct.
State of Minnesota, Respondent, Minn. Ct. App. 2017
review denied (Minn. Oct.
State of Minnesota, Respondent, Minn. Ct. App. 2017
Finally, appellant’s review denied (Minn. Oct.
State v. Montez 899 N.W.2d 200 Minn. Ct. App. 2017
State v. Montez 899 N.W.2d 200 Minn. Ct. App. 2017
If a plea agreement .includes an unconditional promise of a particular sentence or sentencing range and the sentencing court considers the defendant’s post-plea acts and imposes a more severe- sentence, the defendant “retain[s] his right to withdraw his guilty plea and stand trial,” review denied.
State of Minnesota v. Lamar King Minn. Ct. App. 2015
State of Minnesota v. Lamar King Minn. Ct. App. 2015
An agreed- upon sentence is a promise, and if that promise induces a guilty plea, the district court has “no discretion to reject without tendering to appellant his right to withdraw that plea and stand trial.” -80 (Minn. App. 1987), review denied (Minn. Oct.
Black v. State 725 N.W.2d 772 Minn. Ct. App. 2007
Black v. State 725 N.W.2d 772 Minn. Ct. App. 2007
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
(concluding that because the state did not recommend the particular sentence agreed to in exchange for appellant's guilty plea, appellant must be allowed to withdraw his guilty plea and stand trial); (concluding that the trial court abused its discretion when it rejected the agreed-on sentence without tendering to appellant his right to withdraw the plea and stand trial), review denied (Minn. Oct.
In re S.L. 663 N.W.2d 31 Minn. Ct. App. 2003
(concluding that because the state did not recommend the particular sentence agreed to in exchange for appellant’s guilty plea, appellant must be allowed to withdraw his guilty plea and stand trial); (concluding that the trial court abused its discretion when it rejected the agreed-on sentence without tendering to appellant his right to withdraw the plea and stand trial), review denied (Minn. Oct.
State v. Kortkamp 560 N.W.2d 93 Minn. Ct. App. 1997
State v. Kortkamp 560 N.W.2d 93 Minn. Ct. App. 1997
review denied (Minn. Oct.