Pine County District Court File No. 58-CR-09-357.
Cathryn Middlebrook, Chief Appellate Public Defender, St. Paul, Minnesota (for appellant)
Lori Swanson, Attorney General, St. Paul, Minnesota; and John K. Carlson, Pine County Attorney, Michelle R. Skubitz, Assistant County Attorney, Pine City, Minnesota (for respondent)
Considered and decided by Larkin, Presiding Judge; Rodenberg, Judge; and Chutich, Judge.
Appealing denial of his petition for postconviction relief, appellant Glenford Henry Williamson II argues that he is entitled to withdraw his guilty plea to criminal sexual conduct in the third degree because the court failed to establish an adequate factual basis for the plea. Because an adequate factual basis was established by Williamson's admission at the plea hearing, the signed plea petition, and the probable cause statement that was incorporated into the record, we affirm.
According to the criminal complaint, in August 2008, Investigator Tom Pitzen began an investigation of Williamson for unrelated allegations of a criminal sexual assault. During this investigation, Investigator Pitzen reviewed police records from the St. Cloud Police Department that described an encounter with Williamson in 2004. While intoxicated and hospitalized for suicidal threats, Williamson admitted to forcibly raping his ex-girlfriend. The report led Investigator Pitzen to interview Williamson's ex-girlfriend, A.L.C.
On August 26, 2008, A.L.C. provided a statement to Investigator Pitzen, with the following recollection of facts. On February 14, 2003, Williamson and his then girlfriend, A.L.C., were at his cabin in Duxbury, Minnesota. After having consensual sexual intercourse, A.L.C. fell asleep. Williamson stayed awake, consumed alcohol, and then woke A.L.C., insisting they have sexual intercourse again. A.L.C. refused numerous times. Williamson choked her and then forcibly penetrated her. After the assault, A.L.C. attempted to leave the cabin but Williamson brought her back inside and attempted anal sexual intercourse. A.L.C. ultimately fought Williamson off her. Williamson then pointed a shotgun at her and threatened to kill A.L.C. and her family to keep her from reporting the sexual assault. A.L.C. remained frightened of Williamson and ended their relationship in March 2004.
The state brought charges against Williamson for two separate allegations of criminal sexual conduct against two victims. The state charged Williamson with one count of first-degree criminal sexual conduct and one count of third-degree criminal sexual conduct for his assault against A.L.C. See Minn. Stat. §§ 609.342, subd. 1(e)(i) (2002); 609.344, subd. 1(c) (2002). At the plea hearing, Williamson pleaded guilty to two counts; one count of third-degree criminal sexual conduct related to the attack of A.L.C. and one count of third-degree criminal sexual conduct related to a different victim in the other case. In exchange for the plea, the state agreed to dismiss all other charges.
After Williamson and his counsel reviewed in open court the written plea petition that Williamson signed, a plea colloquy concerning the charge involving A.L.C. occurred. The pertinent part of the plea colloquy included this exchange:
COURT: Mr. Williamson, to count two of the complaint in CR-09-357 that charges you with criminal sexual conduct in the third degree . . . this offense occurring on or about February 14, 2003 ...