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State of Minnesota v. Laqundus Laron Tanner

April 8, 2013

STATE OF MINNESOTA, RESPONDENT,
v.
LAQUNDUS LARON TANNER, APPELLANT.



Hennepin County District Court File No. 27-CR-10-49094

The opinion of the court was delivered by: Kirk, Judge

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2012).

Affirmed

Considered and decided by Halbrooks, Presiding Judge; Kirk, Judge; and Klaphake, Judge.

Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.

UNPUBLISHED OPINION

KIRK, Judge

Appellant Laqundus Laron Tanner challenges the district court's denial of his motion to withdraw his guilty plea, and brings several pro se arguments challenging the jurisdiction of this court, the statutory basis for his conviction, and he raises a claim of ineffective assistance of counsel. We affirm.

FACTS

Respondent State of Minnesota charged appellant with one count of second-degree controlled substance crime in violation of Minn. Stat. § 152.022, subd. 1(6)(i) (2010), and two counts of third-degree controlled substance crime in violation of Minn. Stat. § 152.023, subd. 1(1) (2010). The charges arise from three different incidents that occurred in September and October 2010. One of the third-degree controlled substance crime charges arises from appellant's sale of 0.3 grams of crack cocaine to an undercover Minneapolis police officer on September 29. The second-degree controlled substance crime charge arises from the sale of 0.4 grams of crack cocaine to an undercover Minneapolis police officer on September 30 in Elliott Park. The other third-degree controlled substance crime charge arises from appellant's sale of 1.1 grams of crack cocaine to a Minneapolis police officer on October 19.

Appellant appeared for trial on January 23, 2012. The state had offered appellant a 60-month sentence in exchange for pleading guilty to the second-degree controlled substance crime, which represented a downward departure of 38 months from the presumptive sentence. Following a recess, appellant decided to accept the state's offer and he was immediately arraigned and pleaded guilty to the crime. The other charges were dismissed.

On March 15, appellant moved the district court to withdraw his plea pursuant to Minn. R. Crim. P. 15.05, subd. 2. The district court denied the motion and sentenced appellant to 60 months in prison. This appeal follows.

DECISION

I.This court has jurisdiction over ...


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