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State v. Boettcher

Court of Appeals of Minnesota

May 13, 2013

State of Minnesota, Respondent,
v.
Robert Darrell Boettcher, Petitioner, Appellant.

UNPUBLISHED OPINION

Anoka County District Court File No. 02CR11686

Lori Swanson, Attorney General, St. Paul, Minnesota; and Anthony C. Palumbo, Anoka County Attorney, Marcy S. Crain, Assistant County Attorney, Anoka, Minnesota (for respondent)

David Merchant, Chief Appellate Public Defender, Cathryn Young Middlebrook, Assistant Public Defender, St. Paul, Minnesota (for appellant)

Considered and decided by Connolly, Presiding Judge; Stauber, Judge; and Harten, Judge. [*]

STAUBER, Judge

Appellant contends that the district court improperly rejected his plea agreement with the state in sentencing him for second-degree burglary. We affirm.

FACTS

On January 26, 2011, the State of Minnesota (the state) charged appellant Robert Darrell Boettcher with first-degree burglary, terroristic threats, second-degree burglary, and fifth-degree controlled-substance crime. Appellant and the state negotiated a plea agreement. The agreement was that if appellant pleaded guilty to first- and second-degree burglary, cooperated with his conditions of release and his pre-sentence investigation (PSI), remained law abiding, and appeared for his sentencing hearing, he would be sentenced to second-degree burglary and the first-degree-burglary charge would be dismissed. The state would also request a bottom-of-the-box disposition of 41 months in prison on the second-degree-burglary charge. If appellant violated these conditions, however, the state would withdraw the plea agreement, and appellant could be sentenced on the first-degree-burglary charge, which carried a presumptive sentence of 108 months in prison.

Appellant agreed to this arrangement. Appellant pleaded guilty to first-degree and second-degree burglary and was released on his own recognizance to appear for his sentencing hearing. The other charges against him were dismissed.

At appellant's sentencing hearing on August 25, 2011, the district court noted that the PSI report recommended sentencing appellant to 108 months in prison on the first- degree-burglary charge instead of 41 months for second-degree burglary. This recommendation was based on appellant's conduct since his guilty plea on July 5. Specifically, on August 2, 2011, appellant drove away from a gas station without paying for gas. Police stopped appellant, and he admitted to police that he intended to drive off without paying for the gas. Police searched the vehicle appellant was driving, finding a make-up case containing methamphetamine and a syringe. When questioned, appellant denied that the make-up case was his but admitted that he had used methamphetamine the night before. As a result, theft and controlled-substance charges were pending against appellant at the time of his sentencing hearing.

At the sentencing hearing, the district court determined that appellant's use of methamphetamine constituted a failure to remain law abiding and was a violation of his conditions of release. The district court sentenced appellant for second-degree burglary, but to 48 months in prison, the presumptive sentence, instead of the 41-month sentence set forth in the plea agreement. The district court dismissed the first-degree-burglary charge.

Appellant moved the district court to correct his sentence. The court denied his motion. Appellant challenges the denial of his motion, as a postconviction appeal, contending that he is entitled to specific performance of the plea agreement. Appellant contends that his ...


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