County District Court File No. 62-CR-15-6876.
Swanson, Attorney General, St. Paul, Minnesota; and John
Choi, Ramsey County Attorney, Adam E. Petras, Assistant
County Attorney, St. Paul, Minnesota (for appellant)
Cathryn Middlebrook, Chief Appellate Public Defender, Chelsie
Willett, Assistant Public Defender, St. Paul, Minnesota (for
Considered and decided by Stauber, Presiding Judge; Ross,
Judge; and Rodenberg, Judge.
potential out-of-state probation-violation penalty in an
unrelated case is not a direct consequence of a criminal
Misinformation about a collateral consequence does not render
a guilty plea unintelligent and manifestly unjust.
Willie Brown pleaded guilty to battery, robbery, and
resisting police in Florida, served time in prison, and
transferred his remaining year of probation to Minnesota.
While on probation in Minnesota, Brown was charged with and
pleaded guilty to being an ineligible person in possession of
a firearm. He was extradited to Florida and informed that he
faced a potential life sentence for violating his probation.
Brown moved to withdraw his Minnesota guilty plea, and the
district court permitted withdrawal because Brown was not
informed of the "direct" consequence of a potential
life sentence, rendering his plea unintelligent and
establishing a manifest injustice. On appeal by the state, we
hold that Brown's potential Florida probation-violation
sentence is not a direct consequence of his Minnesota guilty
plea. We therefore reverse the district court's order.
Convictions and Probation
Brown pleaded guilty to aggravated battery, robbery with a
deadly weapon, and resisting a peace officer without violence
in Florida in October 2012. Brown's signed plea petition
acknowledged that he understood the maximum penalty for his
crime to be 46 years. The same page of Brown's plea
petition, which he initialed, contained the following
I understand that if I am placed on probation, or community
control, I must obey all general and special conditions of
probation or community control. If I violate probation or
community control, even in a technical way, I can be
rearrested and charged with the violation. . . . If the
Prosecution were to satisfy the Court of a violation, I
understand I could receive the maximum sentence provided by
law for the underlying offense.
Florida district court accepted Brown's plea and
sentenced him to five years of imprisonment with one year of
applied to transfer his probation to Minnesota in January
2015. A probation order Brown signed in June 2015 contained
the following relevant advisory regarding the terms of his
YOU ARE HEREBY PLACED ON NOTICE that . . . [i]f you violate
any of the conditions of your probation, you may be arrested
and the court may revoke your probation, adjudicate you
guilty if adjudication of guilt was withheld, and impose any
sentence that it might have imposed before placing you ...