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State v. Kotlov

Court of Appeals of Minnesota

May 28, 2013

State of Minnesota, Respondent,
v.
Alexander Kotlov, Appellant.

UNPUBLISHED OPINION

Washington County District Court File No. 82-CR-11-673

Lori Swanson, Attorney General, St. Paul, Minnesota; and

Pete Orput, Washington County Attorney, Kari A. Lindstrom, Assistant County Attorney, Stillwater, Minnesota (for respondent)

David W. Merchant, Chief Appellate Public Defender, Jennifer L. Lauermann, Assistant Public Defender, St. Paul, Minnesota (for appellant)

Considered and decided by Rodenberg, Presiding Judge; Halbrooks, Judge; and Larkin, Judge.

RODENBERG, Judge

Appellant, a predatory offender required to register, argues that his conviction for violating predatory offender registration requirements must be reversed because the factual basis he provided in support of his guilty plea was insufficient. We affirm.

FACTS

In 2003, appellant Alexander Kotlov was convicted in Wisconsin of third-degree criminal sexual conduct. As a result, he was required to register as a predatory offender in Wisconsin. He moved to Minnesota and registered in 2010 with the Minnesota Bureau of Criminal Apprehension (BCA) as a resident of Washington County.

In 2011, appellant was charged with two counts of knowingly violating a provision of Minnesota's predatory offender registration statute in contravention of Minn. Stat. § 243.166, subd. 5(a) (2010). See generally Minn. Stat. § 243.166 (2010) (Minnesota's predatory offender registration statute). Count 1 of the complaint alleged that appellant, "having left a primary address and lacking a new primary address, fail[ed] to register with the law enforcement authority that has jurisdiction in the area where the person is staying within 24 hours of the time the person no longer has a primary address." The language in Count 1 is drawn from the registration requirement found in Minn. Stat. § 243.166, subd. 3a(a). Pursuant to a plea agreement, appellant pleaded guilty to count 1 of the complaint, and the remaining count of the complaint was dismissed.

During the plea hearing, appellant admitted that he had been previously convicted of a criminal offense that required him to register his address and to reregister when he changed addresses. He also admitted that he had registered a Washington County, Minnesota address with the BCA in 2010, that he later returned to Wisconsin and became homeless and that, when law enforcement officers sought to find him at the Washington County, Minnesota, address, they would not have found him there. He admitted that he did not register with the law enforcement agencies having jurisdiction over the areas in which he stayed while homeless in Wisconsin after he had departed Washington County.

Based on these admissions, the district court accepted the plea of guilty to Count 1 of the ...


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