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Ramos v. State

Court of Appeals of Minnesota

May 28, 2013

Ezequiel Ramos, petitioner, Appellant,
v.
State of Minnesota, Respondent,

UNPUBLISHED OPINION

McLeod County District Court File No. 43-CR-07-1333

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

Michael K. Junge, McLeod County Attorney, James A. Schaeffer, Assistant County Attorney, Glencoe, Minnesota (for respondent)

William E. Ford, Ford Law Office, Hopkins, Minnesota (for appellant)

Considered and decided by Peterson, Presiding Judge; Ross, Judge; and Toussaint, Judge.

TOUSSAINT, Judge [*]

Appellant Ezequiel Ramos challenges the district court's reconsideration and rescission of its order vacating his 2007 terroristic-threats conviction, contending that the district court should not have heard or granted the state's motion to reconsider the order. Because the U.S. Supreme Court's decision in Padilla v. Kentucky, 130 S.Ct. 1473 (2010), does not apply retroactively, and because Ramos did not bring his petition for postconviction relief within the time required by Minn. Stat. § 590.01, subd. 4 (2012), we affirm the district court's dismissal of Ramos's petition.

DECISION

We review a postconviction court's factual findings for clear error and its legal conclusions de novo. Martin v. State, 825 N.W.2d 734, 740 (Minn. 2013). "We will not disturb a postconviction court's ruling absent an abuse of discretion." Opsahl v. State, 677 N.W.2d 414, 422 (Minn. 2004).

I. Motion to Reconsider

Ramos first argues that the district court should not have reconsidered its order vacating his conviction. The district court originally vacated Ramos's 2007 terroristic-threats conviction and allowed him to withdraw his guilty plea because it found that he was not informed of the immigration consequences of his plea as required by Padilla v. Kentucky, 130 S.Ct. 1473. Shortly after the district court granted Ramos's postconviction petition on these grounds, however, the Minnesota Supreme Court ruled that the Padilla decision does not have retroactive effect. Campos v. State, 816 N.W.2d 480 (Minn. 2012).[1] In light of the Campos decision, the district court allowed the state to bring a motion to reconsider the decision and ultimately reversed the original order and reinstated Ramos's conviction.

Ramos is correct that the Rules of Criminal Procedure do not expressly allow motions to reconsider, but neither do the rules preclude such motions. Minnesota courts have generally allowed motions to reconsider in criminal cases. See Sanchez-Diaz v. State, 758 N.W.2d 843, 848-49 (Minn. 2008) (discussing the district court's denial of a defendant's motion for reconsideration of dismissal of his petition for postconviction relief); State v. Montjoy, 366 N.W.2d 103, 107-08 (Minn. 1985) (holding that the district court properly reconsidered its pretrial order); State v. Papadakis, 643 N.W.2d 349, 356-57 (Minn.App. 2002) ("Although the rules of criminal procedure do not specifically authorize motions for reconsideration of omnibus rulings, the district court has the inherent authority to consider such a motion. . . . At times, a motion for reconsideration may be the most efficient and ...


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