County Office of Appellate Courts
Richard Rossberg, Bayport, Minnesota, pro se.
Ellison, Attorney General, Saint Paul, Minnesota; and Thomas
N. Kelly, Wright County Attorney, Greg T. Kryzer, Assistant
County Attorney, Buffalo, Minnesota, for respondent.
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.
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.
and decided by the court without oral argument.
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.
challenges the sentence that he received for murdering Devan
Hawkinson in 2011. 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).
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 ...