Todd County District Court File No. K5-97-446
Considered and decided by Willis, Presiding Judge; Klaphake, Judge; and
To successfully challenge the addition of a conditional-release term to his sentence, a defendant must timely file a motion requesting either withdrawal of the plea of guilty or a modification of his sentence.
The opinion of the court was delivered by: G. Barry Anderson, Judge
Dissenting, Klaphake, Judge
Appellant pleaded guilty to, and was sentenced for, one count of fourth-degree criminal sexual conduct. The district court stayed appellant's sentence and put him on probation for ten years. After appellant violated his probation, the district court executed his sentence, including the imposition of a ten-year conditional-release term. Several years later, appellant filed a post-conviction petition challenging the imposition of the conditional-release term; appellant argued that either he should be allowed to withdraw his guilty plea or the district court should modify his sentence to comport with the upper limits of his plea agreement. The district court denied appellant's motion, and he now appeals. We affirm.
Appellant Brian Keith James and A.B.C. were acquaintances. James entered A.B.C.'s apartment while she slept and attempted to have anal intercourse with A.B.C. A.B.C. awoke during the attempt and struggled with James. A.B.C. recognized James, and, after James left, she called the police. The police arrested James, and the state charged James with third-degree criminal sexual conduct and first-degree burglary pursuant to Minn. Stat. §§ 609.344, subd. 1(d);.582, subd. 1(c) (1996).
James pleaded guilty to one count of fourth-degree criminal sexual conduct, which carried a penalty of up to ten years of incarceration, in exchange for a promise of a 36-month stayed sentence. See Minn. Stat. § 609.345, subd. 2 (1996). According to statute, offenders with a prior conviction were required to be incarcerated for a minimum term of three years unless the district court found the offender amenable to a long-term, in-patient sex-offender treatment program, and the offender was accepted into such a program. Minn. Stat. § 609.346, subd. 2 (1996). At the plea hearing, the district court and counsel discussed both whether the mandatory minimum executed term would be waived in James's case and whether James would be allowed to withdraw his plea if he was not accepted into a long-term in-patient program pursuant to Minn. Stat. § 609.346, subd. 2. The final disposition and terms of James's plea agreement were postponed until the presentence investigation could be completed. At the sentencing hearing, the court sentenced James to 36 months in prison, but stayed the execution of that sentence and placed James on probation for ten years.
Because James violated his probation, the district court revoked his probation. At the revocation hearing, James admitted that he was aware that his probationary status was contingent on the completion of listed conditions. The district court executed James's sentence, ordering James to serve 36 months in prison and imposing a ten-year conditional-release term at the end of his incarceration, as required by the sex-offender statute.
James sought post-conviction relief from the ten-year conditional-release term, requesting the withdrawal of his guilty plea or a modification of his sentence. But James waited more than three years to seek relief after the district court imposed the conditional-release term to his sentence. This was more than five years after the date that James pleaded guilty and more than six years after ...