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Blondheim v. State

Supreme Court of Minnesota
Feb 19, 1998
573 N.W.2d 368 (Minn. 1998)
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Summary

holding that the district court's imposition of a fine not discussed in a plea agreement was forfeited for appeal absent an objection at sentencing

Summary of this case from State v. Osborne
See 6 Summaries

Opinion

No. C7-97-974.

February 19, 1998.

ORDER

Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED (1) that the petition of the State of Minnesota for further review of the Court of Appeals' decision filed December 9, 1997, be, and the same is, granted, and (2) that the Court of Appeals' decision reversing the order of the district court denying postconviction relief to defendant be, and the same is, reversed.

The state charged defendant with multiple counts of criminal sexual conduct in the first degree for sexually abusing a 12-year-old girl. Defendant's attorney negotiated a plea agreement whereby defendant was allowed to plead guilty to one count of criminal sexual conduct in the first degree. The parties agreed that the maximum departure would be 20 months over the 58-month presumptive sentence. The parties had an opportunity to put the plea agreement on the record and they advised the trial court about the agreement as to the length of the prison term to be imposed. The agreement did not speak to the matter of the mandatory minimum fine. At sentencing defense counsel did not claim that the trial court was barred from imposing a fine. Rather, defense counsel stated that the agreement did not speak to that issue and asked the court to waive a substantial part of the mandatory minimum fine. If a fine was somehow counter to the plea agreement, then defense counsel or defendant should have, and presumably would have, objected at that time. By entering an agreement that did not speak to the matter of a mandatory minimum fine and by not actually objecting to the imposition of a fine at the time of sentencing, defendant is deemed to have waived his right to complain about it.

Accordingly, the court of appeals erred in concluding that defendant ought to be allowed to withdraw his guilty plea. The decision of the court of appeals is therefore reversed and the order of the district court denying postconviction relief to defendant is reinstated.

BY THE COURT:

/s/ A.M. Sandy Keith A.M. (Sandy) Keith Chief Justice

Summaries of

Blondheim v. State

Supreme Court of Minnesota
Feb 19, 1998
573 N.W.2d 368 (Minn. 1998)

holding that the district court's imposition of a fine not discussed in a plea agreement was forfeited for appeal absent an objection at sentencing

Summary of this case from State v. Osborne

finding waiver when there was no objection to imposition of fine at sentencing

Summary of this case from State v. Andrews

rejecting defendant's request to withdraw plea on the basis that fine was not contemplated in plea agreement because defendant did not object to imposition of the fine at sentencing

Summary of this case from State v. Brown

rejecting defendant's request for plea withdrawal for failure to include fine in plea agreement because defendant did not object to imposition of fine at sentencing

Summary of this case from Jurgens v. State

In Blondheim, the Minnesota Supreme Court reversed this court and reinstated the district court's decision in an order opinion.

Summary of this case from State v. Abdul-Zahir

In Blondheim v. State, 573 N.W.2d 368, 368 (Minn. 1998), the defendant's attorney negotiated a plea agreement, which called for the defendant to plead guilty to one count of criminal sexual conduct. The parties agreed that the maximum sentencing departure would be 20 months over the 58-month presumptive term, but the agreement did not address an applicable mandatory minimum fine.

Summary of this case from Wiley v. State
Case details for

Blondheim v. State

Case Details

Full title:Steven Hendricks BLONDHEIM, petitioner, Appellant, v. STATE of Minnesota…

Court:Supreme Court of Minnesota

Date published: Feb 19, 1998

Citations

573 N.W.2d 368 (Minn. 1998)

Citing Cases

Wiley v. State

Id. In Blondheim v. State, 573 N.W.2d 368, 368 (Minn. 1998), the defendant's attorney negotiated a plea…

State v. Osborne

Certain sentencing errors are also forfeited for appeal by failure to object in the district court. State v.…

13 Citing Cases