LEWIS v. STATE

No. A04-1476.

697 N.W.2d 624 (2005)

Byron Kendall LEWIS, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

June 14, 2005.


Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Ngoc Nguyen, Assistant Public Defender, Minneapolis, MN, for appellant.

Mike Hatch, Attorney General, St. Paul, MN; and Doug Johnson, Washington County Attorney, Heather Pipenhagen, Assistant County Attorney, Stillwater, MN, for respondent.

Considered and decided by RANDALL, Presiding Judge; MINGE, Judge; and CRIPPEN, Judge.


OPINION

RANDALL, Judge.

Appellant challenges the denial of his pro se petition for postconviction relief. Because appellant's consecutive sentences were a departure from the sentencing guidelines entitling him to representation by a public defender and because the postconviction court violated appellant's right to counsel by not properly informing appellant of the existence of this right, we reverse and remand.

FACTS

In November 1999, appellant...

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