Withdraw Plea

CASE LAW UPDATE:  Whether it was not error to deny defendant’s petition for postconviction relief?

Defendant pleaded guilty to fifth degree possession of a controlled substance in the County of Clay, State of Minnesota.  Subsequently, he brought a petition for postconviction relief, seeking to withdraw his plea of guilty.  The Minnesota Court of Appeals upheld the denial of defendant’s petition for postconviction relief.  The Court noted that despite his contention that  a friend left the pill in his car, it was still reasonable to infer that he constructively possess it under the circumstances, whereby the trial court did not err by holding that defendant’s plea was accurate.

Eberhart v. State, A19-1769, Clay County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

By |2020-07-15T02:38:37+00:00July 15th, 2020|Victories/Case Law Updates|0 Comments

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