However, Garcia agreed to an upward departure from the sentencing guidelines to maintain the agreed upon 81-month plea term.State v. Garcia, No. C0-95-2612, 1996 WL 291573 (Minn.App., filed June 4, 1996). On May 7, 1997, a resentencing hearing was held following the district court's receipt of a request for clarification of Garcia's sentence by an administrator at Minnesota Correctional Facility — Stillwater. During the hearing, the prosecutor made a motion to correct Garcia's sentence by adding a ten-year conditional release period pursuant to Minn.Stat. § 609.346, subd. 5, and Garcia objected.
Cf.State v. DeZeler, 427 N.W.2d 231, 235 (Minn. 1988) (parties' mutual mistake as to defendant's criminal history score entitled defendant to withdraw plea); see State v. Garcia, C0-95-2612 (Minn.App. June 4, 1996). Affirmed.