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JOHNSON v. STATE

No. A15-0698.

877 N.W.2d 776 (2016)

Toby Earl JOHNSON, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

April 13, 2016.

Attorney(s) appearing for the Case

Daniel P. Repka , Repka Law, LLC, Saint Paul, MN; and Samuel A. Savage , Savage Law, LLC, Minneapolis, MN, for appellant.

Lori Swanson , Attorney General, Saint Paul, MN; and Michael K. Junge , McLeod County Attorney, Daniel R. Provencher , Assistant McLeod County Attorney, Glencoe, MN, for respondent.

Considered and decided by the court without oral argument.

OPINION

Appellant Toby Earl Johnson appeals from the postconviction court's denial of his motion to correct his sentence. The postconviction court concluded that Johnson's motion was, in effect, a petition for postconviction relief under Minn.Stat. § 590.01 (2014), and that it was both untimely

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