Hennepin County District Court File No. 27-CR-06-079793.
Lori Swanson, Attorney General, St. Paul, Minnesota; and Michael O. Freeman, Hennepin County Attorney, Michael Richardson, Assistant County Attorney, Minneapolis, Minnesota (for respondent).
David W. Merchant, Chief Appellate Public Defender, Cathryn Middlebrook, Assistant Public Defender, St. Paul, Minnesota (for appellant).
Considered and decided by Halbrooks, Presiding Judge; Schellhas, Judge; and Hooten, Judge.
Appellant challenges the district court's denial of his petition for postconviction relief from a five-year conditional-release period following a period of commitment. Appellant argues that the five-year conditional-release period was not part of his sentence on the record, was without jurisdiction because it was imposed after the expiration of his period of commitment, and was not authorized for attempted first-degree driving while intoxicated (DWI). Because the five-year conditional-release period was orally imposed at the sentencing hearing, and because appellant was convicted of a charge within the purview of the first-degree DWI statute, we affirm.
On November 17, 2006, appellant Robert Allen Taylor was found to be operating a motor vehicle without the owner's permission while intoxicated. He was later charged with two felonies: theft of a motor vehicle and first-degree DWI. Appellant executed a petition to enter a plea of guilty to attempted theft of a motor vehicle and attempted first-degree DWI. The plea document indicated that appellant would "plead to both, " but would be sentenced to the Minnesota Department of Corrections (DOC) for "38 months if [he] return[ed] in one week" for sentencing, but would be sentenced to a 78-month commit if he did not.
At the sentencing hearing, the prosecutor noted that appellant was released at the time of the plea hearing on the condition that he return for sentencing, with the understanding that he would be given a 38-month sentence. Appellant's attorney noted that they agreed to "sentence [both charges] as an attempt, " and appellant pleaded guilty to attempted theft of a motor vehicle and attempted first-degree DWI. The district court then sentenced appellant to a year and a day for attempted theft of a motor vehicle and 38 months for attempted first-degree DWI. The district court noted that the sentences would be served concurrently, but told appellant that he "need[ed] to be aware that after you're done with prison you will be on five years of conditional release, which is mandatory for all DWIs." After other warnings, appellant questioned the court:
[APPELLANT]: So I will be on probation for five years after release from prison?
[DISTRICT COURT]: It's a conditional release handled through parole. There are rules, but it primarily means not drinking alcohol.
[APPELLANT]: So I'm on parole for five years after ...