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VERNLUND v. STATE

Nos. C7-98-936, C3-98-1386.

589 N.W.2d 307 (1999)

Jeffrey Allen VERNLUND, petitioner, Appellant, v. STATE of Minnesota, Respondent. and State of Minnesota, Respondent, v. Jeffrey Allen Vernlund, Appellant.

Court of Appeals of Minnesota.

January 19, 1999.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Susan K. Maki, Assistant Public Defender, Minneapolis, MN (for appellant).

Michael A. Hatch, Attorney General, St. Paul, MN; and Timothy R. Faver, Beltrami County Attorney, Shari R. Schluchter, Chief Assistant County Attorney, David P. Frank, Assistant County Attorney, Bemidji, MN (for respondent).

Considered and decided by KALITOWSKI, Presiding Judge, SHUMAKER, Judge, and ANDERSON, Judge.

OPINION

SHUMAKER, Judge.

Appellant Jeffrey Allen Vernlund contends that his prior misdemeanor DWI conviction and his subsequent gross misdemeanor DWI conviction based on the prior misdemeanor must be vacated because his misdemeanor plea was uncounselled and lacked a factual basis. Because the record of the misdemeanor plea fails to disclose any facts that could provide a basis for the plea, we reverse and remand.

FACTS

On May 31, 1996,...

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