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STATE v. LOPEZ

No. A10-678.

794 N.W.2d 379 (2011)

STATE of Minnesota, Respondent, v. Julio A. Ayala LOPEZ, Appellant.

Court of Appeals of Minnesota.

February 8, 2011.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN, Gordon Lynn Moore III , Nobles County Attorney, Kimberly Pehrson , Assistant County Attorney, Worthington, MN, for respondent.

Marisela E. Cantu , Eskens Gibson & Behm Law Firm, Chtd., Mankato, MN, for appellant.

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

OPINION

LANSING, Judge.

Before sentencing, Julio Lopez moved to withdraw his guilty plea to a misdemeanor theft charge. The district court denied Lopez's plea-withdrawal motion, relying on cases that require a defendant to prove that withdrawal is necessary to correct a manifest injustice. On appeal Lopez argues that it is unfair and unjust to allow his guilty plea to stand because the district court failed to...

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