State v. Stewart

16 Citing cases

  1. State, City of Mankato v. Bloemke

    412 N.W.2d 9 (Minn. Ct. App. 1987)   Cited 1 times
    In Bloemke, this court prohibited enhancement of a DWI offense to a gross misdemeanor because the record of the guilty plea for the prior DWI offense failed to provide a sufficient factual basis.

    As the trial court noted, there is no reference to the place, date or time of the offense, or to the allegation Bloemke was driving a motor vehicle. See State v. Stewart, 360 N.W.2d 463, 465 (Minn.Ct.App. 1985) (the factual basis must include location and date of offense and blood alcohol test results). We note that in the earlier proceeding both his attorney and the trial court referred on the record to documents which might have established the other elements of the offense.

  2. State v. Sandmoen

    390 N.W.2d 419 (Minn. Ct. App. 1986)   Cited 45 times
    Concluding that record was inadequate to reflect defendant's full and free waiver of trial rights

    That he pleads GUILTY to the offense as stated above because he committed the following acts: set forth above. Appellant claims that our holding in State v. Stewart, 360 N.W.2d 463 (Minn.Ct.App. 1985), compels a similar result here. We disagree.

  3. Vernlund v. State

    589 N.W.2d 307 (Minn. Ct. App. 1999)   Cited 21 times
    Holding that where defendant successfully challenged enhanced DUI conviction based on his claim that no factual basis was established for predicate DUI conviction, that conviction "must be vacated" and "cannot be used for enhancement"

    State v. Nordstrom, 331 N.W.2d 901, 902 (Minn. 1983); State v. Stewart, 360 N.W.2d 463, 465-66 (Minn.App. 1985); State v. Grunewald, 378 N.W.2d 55, 59 (Minn.App. 1985). Furthermore, "a guilty plea will be set aside in a petition for post-conviction relief if a factual basis is lacking."

  4. State v. Lillemo

    410 N.W.2d 66 (Minn. Ct. App. 1987)   Cited 7 times

    See, e.g., State v. Motl, 337 N.W.2d 664, 666 (Minn. 1983), State v. Grunewald, 378 N.W.2d 55, 56 (Minn.Ct.App. 1985), and State v. Stewart, 360 N.W.2d 463, 464 (Minn.Ct.App. 1985). In State v. Nelson, 399 N.W.2d 629, 630 n. 1 (Minn.Ct.App. 1987), pet. for rev. denied, (Minn.

  5. State v. Lyle

    409 N.W.2d 549 (Minn. Ct. App. 1987)   Cited 20 times
    Holding that factual basis had to be established at time of guilty plea, not later in presentence investigation

    We therefore conclude that the record fails to establish that Lyle, who was unrepresented by counsel, entered his guilty plea knowingly and voluntarily. See State v. Grunewald, 378 N.W.2d 55, 58 (Minn.Ct.App. 1985); State v. Stewart, 360 N.W.2d 463, 465 (Minn.Ct.App. 1985). While the record does include the August 8, 1985 PSI, which stated that Lyle's blood alcohol content or concentration ("BAC") was .17 at the time of his arrest, it is unclear whether Lyle was aware of this information at the time he filled out the written admission.

  6. In re Amendment to Rules of Criminal Procedure

    No. ADM10-8049 (Minn. May. 10, 2019)

    Also, a prior guilty plea which lacks a factual basis on the record cannot be used to aggravate a later charge. State v. Stewart, 360 N.W.2d 463 (Minn. Ct. App. 1985).Under Rule 15.03, subd. 2, a "Misdemeanor/Gross Misdemeanor Petition to Enter Plea of Guilty" as provided for in the Appendix B to Rule 15, may be completed and filed with the court.

  7. Order Promulgating Amendments, C1-84-2137

    No. C1-84-2137 (Minn. Oct. 27, 2009)

    Also, a prior guilty plea which lacks a factual basis on the record cannot be used to aggravate a later charge. State v. Stewart, 360 N.W.2d 463 (Minn. Ct. App. 1985).Under Rule 15.03, subd. 2, a "Misdemeanor Petition to Enter Plea of Guilty" as provided for in the Appendix B to Rule 15, may be completed and filed with the court. This petition in written form contains in substance the information and questions required by Rule 15.02, subd. 1, questions 2-5.

  8. State v. Warren

    419 N.W.2d 795 (Minn. 1988)   Cited 52 times
    Holding that a defendant may challenge the state's use of a prior misdemeanor conviction as an enhancement where defendant had waived the right to counsel in that earlier proceeding

    1983), we said, "In general trial courts accepting guilty pleas from misdemeanants should be more specific in their questions, particularly in determining whether the defendant waives his right to counsel and whether there is a factual basis for the plea." In this case the court of appeals invalidated the enhancement value of defendant's misdemeanor plea, relying on its prior decision in a DWI case, State v. Stewart, 360 N.W.2d 463 (Minn.App. 1985), which, in turn, relied on our language from Motl quoted above. In Motl it should be noted, however, the precise issue was whether defendant had waived his right to counsel, not whether a plea lacking a factual basis might be used for enhancement.

  9. Williamson v. State

    A13-0397 (Minn. Ct. App. Dec. 23, 2013)

    See Raleigh, 778 N.W.2d at 94 ("[A] defendant may not withdraw his plea simply because the court failed to elicit proper responses if the record contains sufficient evidence to support the conviction."); State v. Stewart, 360 N.W.2d 463, 465 (Minn. App. 1985) ("To put a factual basis on the record for accepting a guilty plea, a trial court can make use of law enforcement investigation reports."). Williamson's admissions and A.L.C.'s detailed description of Williamson's sexual assault alleviate concern that Williamson pleaded guilty to a more serious charge than one for which he could be convicted.

  10. State v. Yang

    No. A03-1139 (Minn. Ct. App. Sep. 14, 2004)

    A factual basis can also be established by evidence in the record. See, e.g., State v. Stewart, 360 N.W.2d 463, 465 (Minn.App. 1985) (recognizing that law-enforcement investigation reports may be used in establishing factual basis). A sworn complaint can also be considered part of the factual basis.