Korman v. State

Supreme Court of Minnesota

Korman v. State

262 N.W.2d 161, 1977 Minn. LEXIS 1280

CourtSupreme Court of Minnesota

DecidedDecember 9, 1977

Docket47343

StatusPublished

Cited by4 cases

This text of 262 N.W.2d 161 (Korman v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Korman v. State, 262 N.W.2d 161, 1977 Minn. LEXIS 1280 (Mich. 1977).

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Opinion

PER CURIAM.

This is an appeal from an order of the district court denying a petition for postconviction relief from a judgment of conviction of sodomy with a child, Minn. St. 609.293, subd. 4, a conviction which was based on a guilty plea by petitioner. On this appeal petitioner claims that he should be permitted to withdraw his plea on any of the following grounds: (1) That his plea was not voluntarily, knowingly, and understandingly entered because he was not aware of his rights and believed he would get treatment at the state hospital rather than be sent to prison, (2) that he was denied his right to counsel at his initial appearance in municipal court, and (3) that his confession was inadmissible because he was not informed when he was interrogated that he later would be charged with sodomy with a child instead of sodomy. We affirm.

There is no merit to petitioner’s contention that his plea was not voluntarily, knowingly, and understandingly entered. The record supports the postconviction court’s finding that he was adequately advised of his rights and that any understanding he had that he would not be sent to prison was unjustified.

The other issues, relating to the deprivation of the right to counsel at the initial appearance in municipal court and the admissibility of his confession, are both issues waived by petitioner’s voluntarily, knowingly, and understandingly entered guilty plea. Tollett v. Henderson, 411 U.S. 258, 93 S.Ct. 1602, 36 L.Ed.2d 235 (1973); McMann v. *162 Richardson, 397 U.S. 759, 90 S.Ct. 1441, 25 L.Ed.2d 763 (1970).

Affirmed.

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PER CURIAM.

This is an appeal from an order of the district court denying a petition for postconviction relief from a judgment of conviction of sodomy with a child, Minn. St. 609.293, subd. 4, a conviction which was based on a guilty plea by petitioner. On this appeal petitioner claims that he should be permitted to withdraw his plea on any of the following grounds: (1) That his plea was not voluntarily, knowingly, and understandingly entered because he was not aware of his rights and believed he would get treatment at the state hospital rather than be sent to prison, (2) that he was denied his right to counsel at his initial appearance in municipal court, and (3) that his confession was inadmissible because he was not informed when he was interrogated that he later would be charged with sodomy with a child instead of sodomy. We affirm.

There is no merit to petitioner’s contention that his plea was not voluntarily, knowingly, and understandingly entered. The record supports the postconviction court’s finding that he was adequately advised of his rights and that any understanding he had that he would not be sent to prison was unjustified.

The other issues, relating to the deprivation of the right to counsel at the initial appearance in municipal court and the admissibility of his confession, are both issues waived by petitioner’s voluntarily, knowingly, and understandingly entered guilty plea. Tollett v. Henderson, 411 U.S. 258, 93 S.Ct. 1602, 36 L.Ed.2d 235 (1973); McMann v. *162 Richardson, 397 U.S. 759, 90 S.Ct. 1441, 25 L.Ed.2d 763 (1970).

Affirmed.

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Bluebook (online)

262 N.W.2d 161, 1977 Minn. LEXIS 1280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/korman-v-state-minn-1977.

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