STATE v. MUDGETT

No. A06-2440.

748 N.W.2d 921 (2008)

STATE of Minnesota, Respondent v. Vern Lewis MUDGETT, Appellant.

Court of Appeals of Minnesota.

May 20, 2008.


Attorney(s) appearing for the Case

Lori Swanson, Attorney General, and Susan Gaertner, Ramsey County Attorney, Mark Nathan Lystig, Assistant County Attorney, St. Paul, MN, for respondent.

Lawrence Hammerling, Chief Appellate Public Defender, Michael W. Kunkel, Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by ROSS, Presiding Judge; LANSING, Judge; and JOHNSON, Judge.


OPINION

ROSS, Judge.

This appeal arises from Vern Mudgett's challenge to his conviction after he pleaded guilty to two counts of third-degree burglary. Mudgett argues that the district court abused its discretion when it failed to consider his request to withdraw his plea. Before his sentencing hearing, Mudgett moved the district court to depart downward from the presumptive sentence. At the hearing, he informed the court through counsel that he "would seek...

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