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Rossberg v. State

Supreme Court of Minnesota

July 31, 2019

Keith Richard Rossberg, Appellant,
v.
State of Minnesota, Respondent.

          Wright County Office of Appellate Courts

          Keith Richard Rossberg, Bayport, Minnesota, pro se.

          Keith Ellison, Attorney General, Saint Paul, Minnesota; and Thomas N. Kelly, Wright County Attorney, Greg T. Kryzer, Assistant County Attorney, Buffalo, Minnesota, for respondent.

         SYLLABUS

         1. The district court did not err in determining that appellant's motion to correct his sentence fell outside the scope of Minn. R. Crim. P. 27.03, subd. 9, because his motion implicated more than just his sentence.

         2. The district court did not abuse its discretion in summarily denying appellant's petition for postconviction relief without holding an evidentiary hearing because the petition was filed more than 2 years after appellant's direct appeal and he failed to allege facts in the petition that, if proven at an evidentiary hearing, would have satisfied any exception to the 2-year statute of limitations.

         Affirmed.

         Considered and decided by the court without oral argument.

          OPINION

          MCKEIG, JUSTICE.

         Appellant Keith Richard Rossberg moved to correct his sentence under Minn. R. Crim. P. 27.03, subd. 9, alleging that his sentence for first-degree murder is unlawful and he is entitled to resentencing for second-degree murder. The district court construed Rossberg's filing as a petition for postconviction relief, rather than a motion to correct his sentence, and summarily denied postconviction relief without an evidentiary hearing. We affirm.

         FACTS

         Rossberg challenges the sentence that he received for murdering Devan Hawkinson in 2011.[1] A jury found Rossberg guilty of first-degree premeditated murder, in violation of Minn. Stat. § 609.185(a)(1) (2018), and second-degree murder, in violation of Minn. Stat. § 609.19, subd. 1(1) (2018). The district court convicted Rossberg of first-degree premeditated murder and sentenced him to life in prison without the possibility of release. Rossberg filed a direct appeal, and we affirmed his conviction. State v. Rossberg, 851 N.W.2d 609');">851 N.W.2d 609 (Minn. 2014). In 2015, Rossberg filed a petition for postconviction relief and a motion to disqualify the postconviction judge. The postconviction court denied Rossberg's motion and summarily denied Rossberg's petition, and we affirmed. Rossberg v. State, 874 N.W.2d 786 (Minn. 2016).

         In December 2018, Rossberg filed a motion to correct his sentence under Minn. R. Crim. P. 27.03, subd. 9. The district court determined that the motion fell outside the scope of Rule 27.03 because it relied on Minn. Stat. § 611.02 (2018) (a statutory provision governing convictions), and, therefore, implicated more than just his sentence. The district court then construed Rossberg's motion as a petition for postconviction relief under Minn. Stat. § 590.01 (2018), and summarily denied the petition without an evidentiary hearing because the petition was untimely ...


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