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PERKINS v. STATE

No. CX-95-1399.

540 N.W.2d 908 (1995)

Donald Edward PERKINS, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

Decided December 26, 1995.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Cathryn Y. Middlebrook, Assistant Public Defender, Minneapolis, for Donald Edward Perkins.

Hubert H. Humphrey III, Attorney General, Catherine M. Keane, Assistant Attorney General, St. Paul, Douglas L. Ruth, Steele County Attorney, Owatonna, for the State.

Considered and decided by WILLIS, P.J., and HUSPENI and SCHUMACHER, JJ.

OPINION

SCHUMACHER, Judge.

Donald Edward Perkins appeals the postconviction court's decision that (1) he failed to prove he mistakenly believed he could withdraw his guilty plea if the trial court rejected the sentencing recommendations, and (2) the trial court did not abuse its discretion by departing from the guidelines and sentencing him to the statutory maximum, and imposing a $12,000 fine. We affirm in part, reverse in part, and remand.

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