STATE v. WITTE

No. 45148.

245 N.W.2d 438 (1976)

STATE of Minnesota, Respondent, v. Wallace Harvey WITTE, Appellant.

Supreme Court of Minnesota.

April 16, 1976.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Kris Swingen, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Keith Brownell, County Atty., John DeSanto, Asst. County Atty., Duluth, for respondent.

Heard before KELLY, TODD and MacLAUGHLIN, JJ., and considered and decided by the court en banc.


PER CURIAM.

Defendant appeals from a judgment of conviction on a plea of guilty to possession of a controlled substance (amphetamines) in violation of Minn.St. 152.09, subd. 1(2). We stay the appeal and remand to allow defendant to commence postconviction proceedings.

Defendant argues on appeal that he should be permitted to withdraw his guilty plea because the prosecution breached its plea agreement to make no recommendations as to sentence. We note at the...

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