Here is a nice update for the rights of the people. We have a situation where an agreement was reached, one that didn’t include the mandatory minimum conditional release. The Defendant had the conditional release imposed on a modified sentence, without being informed, without a hearing, with no say at all. The Court of Appeals took the case, and made sure he had a say.
The downside… it’s not just going to go away, he’s still going to fight the conditional release in court.
A14-0823 Robel Belay Kubrom, petitioner, Appellant, vs. State of Minnesota, Respondent.
Hennepin County District Court, Hon. Daniel H. Mabley.
Where a defendant pleads guilty as part of a plea agreement for a definite-term sentence and is informed of a statutorily mandated conditional-release term only by reference to an undefined conditional-release term in the complaint, the defendant is entitled to withdraw his guilty plea after the bargained-for definite sentence has been executed and served in full.
Reversed and remanded. Judge John R. Rodenberg.