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STATE v. BYRON

No. A03-1166.

683 N.W.2d 317 (2004)

STATE of Minnesota, Appellant, v. James BYRON, Respondent.

Court of Appeals of Minnesota.

July 13, 2004.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN, and Amy Klobuchar, Hennepin County Attorney, David C. Brown, Assistant County Attorney, Minneapolis, MN, for appellant.

Paul Engh, Minneapolis, MN, for respondent.

Considered and decided by KALITOWSKI, Presiding Judge; WRIGHT, Judge; and HUSPENI, Judge.

OPINION

WRIGHT, Judge.

Approximately four years after pleading guilty to third-degree controlled substance crime, respondent moved to withdraw his guilty plea, arguing that the district court's failure to advise him of the immigration consequences of his guilty plea resulted in a manifest injustice. The district court granted respondent's motion and sua sponte granted plea withdrawal due to violations of the Vienna Convention. The state challenges...

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