Opinion
A21-1606
07-06-2022
Joseph Thomas Saari, Petitioner, Appellant, v. State of Minnesota, Respondent.
St. Louis County District Court File No. 69DU-CR-18-4166
Considered and decided by Reilly, Presiding Judge; Cochran, Judge; and Kirk, Judge. [*]
ORDER OPINION
Michael Kirk Judge.
BASED ON THE FILE, RECORD, AND PROCEEDINGS, AND BECAUSE:
1. In this appeal from an order denying postconviction relief, appellant Joseph Thomas Saari argues that the instructions given to the jury for respondent State of Minnesota's charge of engaging in a pattern of stalking conduct (count V) were constitutionally defective.
2. Prior to sentencing, the postconviction court dismissed count V.
3. We review the postconviction court's denial of a postconviction petition for an abuse of discretion. Pearson v. State, 891 N.W.2d 590, 596 (Minn. 2017). A postconviction court abuses its discretion if its decision is arbitrary or capricious, based on an error of law, or based on clearly erroneous factual findings. Id.; see also Bender v. Bernhard, 971 N.W.2d 257, 262 (Minn. 2022). We review the postconviction court's determinations of legal issues de novo and its factual findings for clear error. Pearson, 891 N.W.2d at 596.
4. Here, the postconviction court did not abuse its discretion when it denied Saari's petition for postconviction relief. Because the jury instructions Saari challenges on appeal relate to a charge that was dismissed and never adjudicated, there is no relief that can be granted to him, and the issue is moot. Amundson v. State, 714 N.W.2d 715, 719 (Minn.App. 2006), rev. denied (Minn. Aug. 15, 2006); see also State v. Levie, 695 N.W.2d 619, 629 (Minn.App. 2005) (holding that appellant's claims were moot when the challenged convictions and sentences had been previously vacated).
IT IS HEREBY ORDERED:
1. The district court's order is affirmed.
2. Pursuant to Minn. R. Civ. App. P. 136.01, subd. 1(c), this order opinion is nonprecedential, except as law of the case, res judicata, or collateral estoppel.
[*] Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.