CASE LAW UPDATE: Whether the defendant’s straight plea to identity theft and theft by swindle was valid?
Defendant entered a straight plea to identity theft and theft by swindle. Defendant had admitted that he obtained personal information from incarcerated persons and then used that information to apply for welfare benefits. Two (2) years after sentencing, defendant brought a petition for post conviction relief, asserting his guilty pleas were involuntary because the State Failed to fulfill a purported plea agreement. The trial court denied the petition, concluding that the record did not support his claim that a plea agreement existed. The Minnesota Court of Appeals noted that the plea colloquy showed that defendant explicitly stated that he understood that he was entering straight plea.
Shelby v. State, A20-0724, Ramsey County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.