STATE v. TYSKA

No. C7-89-783.

448 N.W.2d 546 (1989)

STATE of Minnesota, Respondent, v. Corey E. TYSKA, Appellant.

Court of Appeals of Minnesota.

December 5, 1989.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Tom Foley, Ramsey County Atty., Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.

C. Paul Jones, Public Defender, Marie L. Wolf, Minneapolis, for appellant.

Considered and decided by WOZNIAK, C.J., and SCHUMACHER and GARDEBRING, JJ., without oral argument.


OPINION

SCHUMACHER, Judge.

Appellant pleaded guilty to second degree murder pursuant to a plea agreement which provided that appellant would be sentenced pursuant to the Minnesota Sentencing Guidelines. At the sentencing hearing, the trial court declared its intention to depart upward and, appellant then moved to withdraw his guilty plea. The trial court denied appellant's motion.

FACTS

On July 19, 1988, appellant Corey Tyska was at his...

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