This opinion is nonprecedential except as provided by Minn. R. Civ. App. P. 136.01, subd. 1(c).
STATE OF MINNESOTA IN COURT OF APPEALS A23-0793
State of Minnesota, Respondent,
vs.
Marvel Galvaston Williams, Appellant.
Filed May 28, 2024 Affirmed Gaïtas, Judge
Hennepin County District Court File No. 27-CR-21-19588
Keith Ellison, Attorney General, St. Paul, Minnesota; and
Mary F. Moriarty, Hennepin County Attorney, Adam E. Petras, Assistant County Attorney, Tacota LeMuel (certified student attorney), Minneapolis, Minnesota (for respondent)
Christina Zauhar, Halberg Criminal Defense, Bloomington, Minnesota (for appellant)
Considered and decided by Gaïtas, Presiding Judge; Worke, Judge; and Larson,
Judge.
NONPRECEDENTIAL OPINION
GAÏTAS, Judge
In this direct appeal from convictions for aiding and abetting attempted second-
degree murder, aiding and abetting third-degree depraved-mind murder, and unlawful
firearm possession, appellant Marvel Galvaston Williams argues that the district court abused its discretion by denying his motion to withdraw his guilty pleas, and alternatively,
by denying his motion for a downward durational sentencing departure for the third-degree
murder offense. Because the district court did not err in denying Williams’s plea-
withdrawal motion or abuse its discretion in imposing the presumptive sentence, we affirm.
FACTS
On an October night in 2021, the occupants of two vehicles had a gun fight while
driving through downtown Minneapolis at speeds of over 90 miles per hour. One vehicle,
a Range Rover, chased the other vehicle, while the Range Rover’s occupants fired guns at
L.E., the driver of the other vehicle. During the course of this chase, L.E.’s vehicle struck
pedestrian A.M., killing her.
Williams was a passenger in the front seat of the Range Rover. Following the
incident, respondent State of Minnesota charged Williams by complaint with three counts:
aiding and abetting attempted second-degree murder of L.E., aiding and abetting third-
degree depraved-mind murder of A.M., and unlawful possession of a firearm due to a prior
felony conviction. 1 Williams pleaded not guilty to the charges, and a trial began in May
2022.
After jury selection, Williams decided to plead guilty. He confirmed his
understanding that he was entering a “straight plea” to the three charges in the complaint
and that there was no agreement regarding sentencing. Williams told the district court that
he understood he was giving up his right to have a trial and his trial rights. He said that he
1 The state also charged Williams with aiding and abetting second-degree intentional murder for A.M.’s death. The district court dismissed this count for lack of probable cause.
2 was thinking clearly. And he affirmed that he was pleading guilty because he was guilty
and not because his plea was based on any promises.
Following Williams’s waiver of his trial rights, he admitted to the facts that made
him guilty of the three offenses. Williams acknowledged that he had been a front-seat
passenger in the Range Rover during the gun fight between the two vehicles. He agreed
that he “intentionally advised and encouraged” the driver of the Range Rover to speed and
“other people to fire their guns at [L.E.].” Williams admitted that he intended to kill L.E.
during the incident. He acknowledged that the Range Rover sped through city streets at
more than 90 miles per hour, endangering people on sidewalks and in other cars, and that
his encouragement aided and abetted the driver’s reckless driving conduct. Williams also
admitted that he advised and encouraged the driver to engage in conduct that “evinced a
depraved mind,” with “no regard for human life,” which ultimately caused A.M.’s death.
Finally, Williams admitted that he was ineligible to possess a firearm due to a prior felony
conviction.
At the end of the guilty plea colloquy, the district court deferred accepting the guilty
plea until sentencing. The district court later ordered a presentence investigation and
scheduled a sentencing hearing.
Almost nine months later, and before sentencing occurred, Williams’s trial attorney
filed a motion to withdraw Williams’s guilty pleas. The motion asserted that Williams was
entitled to withdraw the pleas because he “detrimentally relied” on an unwritten “proffer
agreement with the prosecuting authority,” which included a promise to “vastly reduce the
duration of [Williams’s] sentence if [his] information could be corroborated.” Williams
3 did not submit an affidavit or other evidence with the motion and did not request a hearing.
His motion specifically requested that the district court “rule on the motion without holding
a hearing on the matter.” The state filed a response opposing Williams’s motion,
acknowledging that it had offered to consider making a favorable sentencing
recommendation if Williams provided information about the incident that could be
corroborated. The state’s response further stated that it “was unable to corroborate or verify
any of the information provided by [Williams],” and, “[i]n fact, some of the information
provided by [Williams] appeared to contradict much of the physical evidence related to the
death of A.M.”
The district court denied Williams’s motion to withdraw the guilty pleas on two
grounds. First, although Williams’s motion did not raise the manifest-injustice standard
for plea withdrawal, the district court determined that there was no manifest injustice
because Williams’s pleas were accurate, voluntary, and intelligent. Second, the district
court determined that there was no fair and just reason for plea withdrawal. The district
court observed that Williams entered a “straight plea” with no agreement as to the sentences
he would receive. It also found that, due to the passage of time, plea withdrawal would
prejudice the state.
At sentencing, Williams moved for a downward durational departure from the
sentencing guidelines for the offenses of attempted second-degree murder and third-degree
murder. He argued that the offenses were less serious than typical offenses because he had
remorse and because he had been a passenger in the Range Rover. The district court denied
the departure motion. It imposed concurrent prison sentences of 214.5 months for aiding
4 and abetting second-degree attempted murder, 60 months for unlawful possession of a
firearm, and 291 months for aiding and abetting third-degree depraved-mind murder—all
presumptive sentences.
Following sentencing, Williams—who is now represented by new counsel—filed
this direct appeal.
DECISION
I. Williams is not entitled to withdraw his guilty pleas.
Williams argues that he is entitled to withdraw his guilty pleas. He contends that
plea withdrawal is required to correct a manifest injustice because (1) he “filed his motion
to withdraw his guilty plea before the district court had accepted it,” (2) the offense of
aiding and abetting third-degree depraved-mind murder is not “a cognizable offense” under
Minnesota law, (3) the statute prohibiting a convicted felon from possessing a firearm is
unconstitutional, and (4) his trial counsel provided ineffective assistance of counsel.
Alternatively, he argues that allowing him to withdraw his plea would be fair and just
because his trial attorney provided ineffective assistance of counsel and because the district
court improperly allowed his trial attorney and the prosecutor to establish the factual bases
for his guilty pleas with leading questions.
“A defendant has no absolute right to withdraw a guilty plea after entering it.”
Taylor v. State, 887 N.W.2d 821, 823 (Minn. 2016) (quotation omitted). Plea withdrawal
may be permitted under two circumstances. State v. Raleigh, 778 N.W.2d 90, 93 (Minn.
2010).
5 First, a district court must allow a defendant to withdraw a guilty plea “[a]t any
time” if “withdrawal is necessary to correct a manifest injustice.” Id. (quoting Minn. R.
Crim. P. 15.05, subd. 1). “A manifest injustice exists if a guilty plea is not valid.” Id. at
94. To be constitutionally valid, a guilty plea must be intelligent, accurate, and voluntary.
Dikken v. State, 896 N.W.2d 873, 876 (Minn. 2017). A defendant bears the burden of
showing that a guilty plea does not comport with these requirements. Raleigh, 778 N.W.2d
at 94. Whether a guilty plea is valid is a question of law that appellate courts review de
novo. Id.
Second, a district court may allow a defendant to “withdraw a plea at any time before
sentence if it is fair and just to do so.” Minn. R. Crim. P. 15.05, subd. 2. This decision is
within the district court’s discretion. Raleigh, 778 N.W.2d at 97. An appellate court will
reverse the district court’s decision to grant or deny plea withdrawal under the fair-and-just
standard “only in the rare case” that the district court abused its discretion. State v. Jones,
921 N.W.2d 774, 782 (Minn. App. 2018) (quotation omitted), rev. denied (Minn. Feb. 27,
2019).
We first consider whether there was a manifest injustice requiring plea withdrawal.
Then, we turn to Williams’s argument that the district court abused its discretion in denying
his plea-withdrawal motion under the fair-and-just standard.
6 A. There was no manifest injustice requiring plea withdrawal. 2
1. The district court’s delayed acceptance of Williams’s guilty pleas did not provide a basis for plea withdrawal.
Williams argues that because he “filed his motion to withdraw his guilty plea before
the district court had accepted it, he should have been permitted to withdraw his plea.” He
asserts that the district court’s decision to postpone its acceptance of the guilty pleas until
sentencing effectively nullified the pleas. In support of his argument, Williams relies on
the Minnesota Supreme Court’s 1971 decision in State v. Loyd, which states that a
defendant may withdraw his guilty plea “as a matter of right” before the district court has
accepted the plea. 190 N.W.2d 123, 125 (Minn. 1971).
We reject Williams’s argument. Loyd is a decision that predates the adoption of the
Minnesota Rules of Criminal Procedure, which provide the modern standards for guilty-
plea withdrawal. 3 Furthermore, Loyd is inapposite because there, unlike here, the
defendant’s attorney promised the defendant that he could withdraw his guilty plea if the
district court refused to impose the recommended sentence, which it did. Id. at 123-25.
2 In the district court, Williams did not argue that withdrawal of his plea was necessary to correct a manifest injustice, and he did not raise most of the issues he now raises in contending that there was a manifest injustice. However, this is not fatal to his arguments on appeal. A defendant may attack the validity of a guilty plea on direct appeal. Brown v. State, 449 N.W.2d 180, 182 (Minn. 1989). We apply de novo review in considering the validity of a guilty plea for the first time on appeal. State v. Johnson, 867 N.W.2d 210, 214-15 (Minn. App. 2015), rev. denied (Minn. Sept. 29, 2015). 3 The Minnesota Rules of Criminal Procedure were first adopted effective July 1, 1975. In re Rules of Criminal Procedure, No. 45517 (Minn. Feb. 26, 1975) (order).
7 “[O]nce a defendant has put formally before the court a valid guilty plea, he has
entered it and has no absolute right to withdraw it.” State v. Nicholas, 924 N.W.2d 286,
292 (Minn. App. 2019), rev. denied (Minn. Apr. 24, 2019) (quotation omitted).
Notwithstanding the district court’s decision to delay acceptance of Williams’s guilty pleas
until sentencing, 4 Williams is only entitled to withdraw the pleas under the two
circumstances addressed above—to correct a manifest injustice or if the district court
abused its discretion in rejecting plea withdrawal under the fair-and-just standard.
2. Williams provided a sufficient factual basis to support his guilty plea to the offense of aiding and abetting third-degree murder.
Williams argues that the offense of aiding and abetting third-degree depraved-mind
murder is not a “cognizable offense” under Minnesota law. He contends that a person
cannot intentionally encourage another person to act recklessly, and thus, the offense of
aiding and abetting third-degree murder is “inherently impossible.” And he maintains that,
because “[t]he guilty plea contained an insufficient factual basis to sustain [his] conviction
for aiding and abetting third-degree murder,” he must be permitted to withdraw the plea to
correct a manifest injustice.
Williams cites no Minnesota authority for his argument that a person cannot aid and
abet a depraved-mind third-degree murder. Rather, his argument rests on the language of
4 This court has recognized that it is “a common practice amongst district courts” to delay accepting a guilty plea until sentencing or pending the results of a presentence investigation. See Nicholas, 924 N.W.2d at 292 (noting that this practice is “permitted by the rules of criminal procedure”); see also Minn. R. Crim. P. 15.04, subd. 3(2) (authorizing a district court to reserve acceptance of a plea pending a presentence investigation).
8 the accomplice-liability and third-degree murder statutes and on foreign caselaw
interpreting foreign statutes.
We begin our analysis by examining Minnesota’s statutes to determine whether they
are legally incompatible. Appellate courts “review questions of statutory interpretation de
novo.” State v. Defatte, 928 N.W.2d 338, 340 (Minn. 2019).
Under the accomplice-liability statute, “[a] person is criminally liable for a crime
committed by another if the person intentionally aids, advises, hires, counsels, or conspires
with or otherwise procures the other to commit the crime.” Minn. Stat. § 609.05, subd. 1
(2020). A person “is also liable for any other crime committed in pursuance of the intended
crime if reasonably foreseeable by the person as a probable consequence of committing or
attempting to commit the crime intended.” Id., subd. 2 (2020). Caselaw has further
explained the requirements for accomplice liability. “[T]he element of ‘intentionally
aiding’ embodies two important and necessary principles: (1) that the defendant ‘knew
that his alleged accomplices were going to commit a crime,’ and (2) that the defendant
‘intended his presence or actions to further the commission of that crime.’” State v. Milton,
821 N.W.2d 789, 805 (Minn. 2012) (citing State v. Mahkuk, 736 N.W.2d 675, 682 (Minn.
2007)).
The crime of third-degree depraved-mind murder requires a showing that the person
unintentionally caused another person’s death “by perpetrating an act eminently dangerous
to others and evincing a depraved mind, without regard for human life.” Minn. Stat.
§ 609.195(a) (2020). To satisfy the mens rea requirement of third-degree murder, the state
must prove that the principal acted in disregard of a substantial and unjustifiable risk to
9 human life. State v. Coleman, 944 N.W.2d 469, 479 (Minn. App. 2020), aff’d, 957 N.W.2d
72 (Minn. 2021). Another term for the required mens rea is “recklessness.” Id. at 478-79.
We discern no inherent incompatibility between the accomplice-liability statute and
the third-degree depraved-mind murder statute. A legal inconsistency between two
offenses occurs only when proof of the elements of one offense negates a necessary element
of another offense. State v. Christensen, 901 N.W.2d 648, 651 (Minn. App. 2017). For
example, the Minnesota Supreme Court has held that guilty verdicts for both first-degree
premeditated murder and second-degree manslaughter are legally inconsistent because the
first offense requires proof that the death was caused with premeditation and intent, and
the second offense requires proof that the death was caused by negligent or reckless
conduct. Steward v. State, 950 N.W.2d 750, 755 (Minn. 2020). Because it is not legally
possible to commit the same act with premeditation and intent and also negligently, the
elements of the two offenses negate each other. Id. However, it is legally possible for an
accomplice to intentionally encourage a principal to engage in reckless conduct that results
in the death of another. The accomplice’s intent to aid and abet the principal’s recklessness
does not negate the principal’s recklessness. Thus, there is no legal inconsistency in the
act of aiding and abetting a third-degree depraved-mind murder.
Moreover, Williams’s testimony during the guilty-plea hearing established that he
engaged in such conduct. He admitted that he encouraged the driver of the Range Rover
to drive recklessly in pursuit of the Durango at speeds of more than 90 miles per hour on
city streets. Moreover, he admitted that he encouraged the occupants of the Range Rover
to fire their guns out of the windows. Williams acknowledged that this behavior
10 endangered people on the sidewalks and in other cars, and that the driver’s reckless and
dangerous driving caused L.E. to strike and kill the victim. Because Williams’s testimony
at the plea hearing established that he knew his accomplices were committing crimes by
racing through city streets and firing guns out of the car windows, and that he intended his
presence or actions to further the commission of those crimes, there was a sufficient factual
basis to support his guilty plea to the offense of aiding and abetting third-degree depraved-
mind murder.
We are not persuaded by the cases from other jurisdictions that Williams cites in his
brief. First, they are not binding authority in Minnesota. See Mahowald v. Minn. Gas Co.,
344 N.W.2d 856, 861 (Minn. 1984) (noting that cases from other jurisdictions are not
binding). Further, they address the statutes of other states and not Minnesota statutes. Even
if we do consider them, they do not stand for the proposition that aiding and abetting
depraved-mind murder is an “inherently impossible” offense. In one of the cases cited,
State v. Baca, the New Mexico Supreme Court found sufficient evidence to support the
defendant’s conviction for aiding and abetting depraved-mind third-degree murder, while
concluding that a conspiracy to commit such a murder was not a valid offense. 950 P.2d
776, 781, 788 (N.M. 1997). The second foreign case that Williams cites, Kitt v. United
States, does not concern a depraved-mind murder at all. 904 A.2d 348, 353-59 (D.C. 2006).
Finally, Williams contends that his admissions at the guilty-plea hearing provided
an insufficient factual basis for third-degree depraved-mind murder because, under the
caselaw, such a murder “cannot occur where the defendant’s actions were focused on a
specific person.” State v. Zumberge, 888 N.W.2d 688, 698 (Minn. 2017). He notes that
11 he testified during the guilty-plea hearing that his animus was directed toward a specific
person—the driver of the Durango.
However, in State v. Noor, the Minnesota Supreme Court explained that the mental
state necessary for third-degree depraved-mind murder “cannot exist when the defendant’s
conduct is directed with particularity at the person who is killed.” 964 N.W.2d 424, 438
(Minn. 2021) (emphasis added). Although Williams and the other people in his car may
have intended to kill L.E., that was not the person who was ultimately killed. A.M., an
innocent bystander who was uninvolved in the incident, was killed. Thus, we reject
Williams’s argument that his intent to kill L.E. precludes his conviction for aiding and
abetting third-degree depraved-mind murder.
Williams’s admissions during the guilty-plea hearing established his guilt of third-
degree depraved-mind murder. He therefore is not entitled to withdraw his guilty plea to
this offense for lack of an adequate factual basis. See Jones, 921 N.W.2d at 779 (“For a
guilty plea to be accurate, a factual basis must be established showing that the defendant’s
conduct meets all elements of the offense to which he is pleading guilty.”).
3. Williams entered a valid guilty plea to the offense of unlawful possession of a firearm under Minnesota Statutes section 624.713 (2020), and his constitutional challenge to that statute fails.
Williams argues that his guilty plea to the offense of unlawful possession of a
firearm is invalid because the statute establishing that offense—section 624.713—is
unconstitutional. He contends that he has a constitutional right to carry a handgun for self-
defense, and therefore “his admitted conduct did not constitute a criminal offense.”
12 “Minnesota statutes are presumed constitutional, and [a court’s] power to declare a
statute unconstitutional should be exercised with extreme caution and only when absolutely
necessary.” In re Haggerty, 448 N.W.2d 363, 364 (Minn. 1989). The party challenging
the constitutionality of a statute has the burden of demonstrating beyond a reasonable doubt
that it is unconstitutional. Id.
Williams has not satisfied his burden. His argument rests on New York State Rifle
& Pistol Ass’n, Inc. v. Bruen, where the United States Supreme Court stated that the Second
Amendment to the United States Constitution protects an individual’s right to carry a
handgun for self-defense outside the home. 597 U.S. 1, 8-9 (2022). But Bruen addressed
lawful possession of a gun. See id. at 71 (striking down a regulation that “prevent[ed] law-
abiding citizens with ordinary self-defense needs from exercising their right to keep and
bear arms”). It did not invalidate the prohibition on unlawful possession of a firearm by a
prohibited person. See, e.g., District of Columbia v. Heller, 554 U.S. 570, 627 n.26 (2008)
(recognizing that longstanding prohibitions on the possession of firearms by felons are
presumptively lawful). Thus, Bruen is inapplicable to the circumstances here. In this case,
Williams was prohibited from possessing a gun by virtue of a prior felony conviction. See
Minn. Stat. § 624.713, subd. 1(2) (providing that “a person who has been convicted of . . . a
crime of violence” shall not “be entitled to possess ammunition or a pistol or . . . any other
firearm”). At the guilty-plea hearing, he admitted that he was prohibited from possessing
a gun and that he possessed a gun. Thus, Williams’s guilty plea to the offense of unlawfully
possessing a firearm is valid.
13 4. Because Williams fails to show that his trial attorney’s performance was deficient, he is not entitled to withdraw his guilty pleas on the ground of ineffective assistance of counsel.
Williams argues that his guilty pleas are invalid because his trial attorney provided
ineffective assistance of counsel. He contends that his trial attorney’s performance was
deficient because the attorney “failed to explain . . . the potential consequences of entering
a straight plea in reliance on the State’s assurances” and “failed to obtain any agreement in
writing from the State outlining what had been offered.” Williams further alleges that his
trial attorney’s performance was deficient because the attorney “permitted [him] to plead
guilty” to aiding and abetting third-degree depraved-mind murder, which is not a
cognizable offense, and to unlawful possession of a firearm, which is based on an
unconstitutional statute. According to Williams, his attorney’s deficient performance
prejudiced him, and in turn, caused a manifest injustice, which entitles him to withdraw his
guilty pleas. See State v. Ecker, 524 N.W.2d 712, 718 (Minn. 1994) (“When an accused is
represented by counsel, the voluntariness of the plea depends on whether counsel’s advice
was within the range of competence demanded of attorneys in criminal cases.” (quotations
omitted)).
A criminal defendant has a constitutional right to the effective assistance of counsel.
Fort v. State, 861 N.W.2d 674, 677 (Minn. 2015). A reviewing court evaluates an
ineffective-assistance claim using the two-part test articulated in Strickland v. Washington,
466 U.S. 668, 687 (1984). State v. Ellis-Strong, 899 N.W.2d 531, 535 (Minn. App. 2017)
(citing Andersen v. State, 830 N.W.2d 1, 10 (Minn. 2013)). “To prove ineffective
assistance of counsel, a defendant must show that (1) his attorney’s performance fell below
14 an objective standard of reasonableness, and (2) a reasonable probability exists that the
outcome would have been different, but for counsel’s errors.” State v. Mosley, 895 N.W.2d
585, 591 (Minn. 2017) (quotations omitted); see also State v. Jones, 977 N.W.2d 177, 193
(Minn. 2022); Strickland, 466 U.S. at 687-88, 692. “Application of the Strickland test
involves a mixed question of law and fact, which [appellate courts] review de novo.” State
v. Mouelle, 922 N.W.2d 706, 715 (Minn. 2019).
Trial counsel’s performance is deficient when counsel “does not exercise the
customary skills and diligence that a reasonably competent attorney would perform under
similar circumstances.” White v. State, 248 N.W.2d 281, 285 (Minn. 1976) (quoting United
States v. Easter, 539 F.2d 663, 666 (8th Cir. 1976)). We presume that “counsel’s
performance fell within a wide range of reasonable assistance.” Bruestle v. State, 719
N.W.2d 698, 705 (Minn. 2006) (quotation omitted). A defendant bears the burden of
showing that an attorney’s performance was deficient. Gail v. State, 732 N.W.2d 243, 248
(Minn. 2007).
As a preliminary matter, we reject Williams’s argument that his trial attorney’s
performance was deficient because the attorney “permitted [him] to plead guilty” to two
invalid offenses—aiding and abetting third-degree depraved-mind murder and unlawful
possession of a firearm. We have already concluded that Williams’s guilty pleas to both
of these offenses are valid. Thus, his trial attorney did not provide ineffective assistance
of counsel by “permitting [him] to plead guilty” to aiding and abetting third-degree
depraved-mind murder and unlawful possession of a firearm.
15 Williams’s remaining claim of ineffective assistance of counsel is that his trial
attorney’s performance was deficient because the attorney failed to adequately explain the
plea agreement or memorialize the state’s promises regarding sentencing. But there is no
evidence in the record to support Williams’s assertions that he did not understand the
implications of his guilty pleas or that there was any agreement with the state regarding
sentencing. Williams did not develop any record through postconviction proceedings
regarding his communications with his attorney about the guilty pleas or the alleged
sentencing agreement. See, e.g., Barnes v. State, 768 N.W.2d 359, 365 (Minn. 2009)
(stating that postconviction evidentiary proceedings allow an appellant “to develop the
evidence necessary to allow our court to review [an ineffective-assistance-of-trial-counsel]
claim during the direct appeal”). 5 And the transcript of the guilty-plea hearing contradicts
Williams’s claims that he did not understand the terms of the plea and that there was a
sentencing agreement. At the guilty-plea hearing, Williams confirmed his understanding
that he was entering a “straight plea” to the three charges in the complaint and that there
was no agreement regarding sentencing. Moreover, he affirmed that he was pleading guilty
because he was guilty and not because his plea was based on any promises.
5 Although the “Memorandum in Support of Motion to Withdraw Plea” that Williams’s trial attorney filed in the district court references pre-plea discussions with the prosecutor about a possible sentencing recommendation, we do not construe this legal memorandum as evidence. See State v. McCoy, 682 N.W.2d 153, 158 (Minn. 2004) (noting that “arguments of attorneys are not evidence”) (quotation omitted); see also Tang v. I.N.S., 223 F.3d 713, 720 (8th Cir. 2000) (stating that factual assertions in a brief were “argument of counsel and not evidence”).
16 The record does not support Williams’s claim that his trial attorney provided
deficient representation when he failed to explain the plea agreement to Williams or to
memorialize promises regarding sentencing. Because Williams has not shown that his trial
attorney’s performance was deficient, his ineffective-assistance-of-counsel claim fails. See
Hawes v. State, 826 N.W.2d 775, 783 (Minn. 2013) (noting that a reviewing court need not
address both parts of the Strickland test if one is determinative).
B. The district court did not abuse its discretion in denying Williams’s motion to withdraw his guilty plea under the fair-and-just standard.
Williams argues that the district court abused its discretion by denying his motion
to withdraw his guilty plea under the fair-and-just standard. He reasserts his claims about
his attorney’s deficient performance, alleging that the attorney allowed him to plead guilty
to invalid offenses and failed to adequately explain or memorialize Williams’s plea
agreement with the state. He also argues that plea withdrawal would have been fair and
just because the district court allowed his attorney and the prosecutor to use leading
questions to establish the factual bases for his pleas.
The fair-and-just standard is “a less demanding standard than the manifest-injustice
standard, but it does not permit withdrawal of a guilty plea for simply any reason.” State
v. Townsend, 872 N.W.2d 758, 764 (Minn. App. 2015) (quotation omitted). In considering
a motion to withdraw a guilty plea under the fair-and-just standard, a district court
considers: (1) the defendant’s asserted reasons for seeking plea withdrawal and
(2) whether plea withdrawal prejudices the state. Minn. R. Crim. P. 15.05, subd. 2. The
defendant bears the burden of advancing sufficient reasons to support plea withdrawal.
17 Raleigh, 778 N.W.2d at 97. If the defendant meets that burden, the state must show that it
will be prejudiced. Id.
Before the district court, Williams argued that he was entitled to withdraw his guilty
pleas because he did not understand the plea agreement and the state failed to honor the
plea agreement. The district court rejected Williams’s reasons for plea withdrawal,
observing that Williams had entered a “straight plea” with no agreement. Additionally, the
district court determined that the state would be prejudiced if Williams withdrew his guilty
pleas due to the passage of time. The district court noted that Williams waited nearly nine
months to move to withdraw his guilty pleas. During this time, witness memories had
likely faded. The district court also observed that the victim’s family was entitled to
finality. We discern no abuse of discretion in the district court’s ruling.
Moreover, we have already rejected Williams’s ineffective-assistance-of-counsel
claims. Because these claims lack merit, they do not provide a fair-and-just reason for
Williams to withdraw his guilty pleas.
Finally, we consider whether Williams is entitled to withdraw his guilty pleas
because the district court allowed his attorney and the prosecutor to use leading questions
to establish the factual bases for the offenses. A guilty plea must be supported by a proper
factual basis in the record. Sanchez v. State, 868 N.W.2d 282, 289 (Minn. App. 2015).
“The district court typically satisfies the factual basis requirement by asking the defendant
to express in his own words what happened.” Raleigh, 778 N.W.2d at 94. The Minnesota
Supreme Court has “cautioned against the use of exclusively leading questions to establish
a proper factual basis for a guilty plea.” Nelson v. State, 880 N.W.2d 852, 860 (Minn.
18 2016) (quotation omitted). But “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.” Raleigh, 778 N.W.2d at 94.
To establish the factual bases for Williams’s offenses, the attorneys relied
extensively on leading questions. However, Williams’s admissions during the guilty-plea
hearing amply support his convictions for the three offenses. Accordingly, we conclude
that the attorneys’ use of leading questions in establishing the factual bases for the offenses
does not alone provide a ground for plea withdrawal.
In sum, Williams is not entitled to withdraw his guilty pleas under either the
manifest-injustice or fair-and-just standards. We therefore affirm his convictions.
II. The district court did not abuse its discretion in denying Williams’s motion for a downward durational departure.
Williams argues that the district court abused its discretion by denying his request
for a downward durational departure from the Minnesota Sentencing Guidelines. He
argues that a departure was warranted for his conviction of third-degree depraved-mind
murder.
The Minnesota Sentencing Guidelines prescribe a range of sentences that is
presumed to be appropriate, and the sentencing court “must pronounce a sentence within
the applicable range unless there exist identifiable, substantial, and compelling
circumstances that distinguish a case and overcome the presumption in favor of the
guidelines sentence.” State v. Soto, 855 N.W.2d 303, 308 (Minn. 2014) (quotation
omitted); accord Minn. Sent’g Guidelines 2.D.1 (2021); see also State v. Solberg, 882
19 N.W.2d 618, 623 (Minn. 2016) (stating that the sentencing guidelines seek to “maintain
uniformity, proportionality, rationality, and predictability in sentencing for felony crimes”
(quotation omitted)). Sentencing decisions are within the wide discretion of the district
court. See Soto, 855 N.W.2d at 307-08 (recognizing that appellate courts afford the district
court “great discretion” in sentencing).
Williams was convicted of aiding and abetting third-degree depraved-mind murder,
which has a maximum prison sentence of 25 years. See Minn. Stat. § 609.195(a). At the
time of sentencing, Williams’s criminal-history score was 14. Given this criminal-history
score, the presumptive sentence was 243 months’ imprisonment, with a range of 207 to
291 months’ imprisonment. The district court sentenced Williams to 291 months in prison.
Williams argues that this sentence was an abuse of the district court’s discretion
because Williams’s conduct was “far less serious than that of the typical third-degree,
depraved mind murder defendant.” In addition, he points to the prosecutor’s statement at
sentencing that the “State is recommending 207 months, which is the bottom of the box”
for that offense. However, any sentence within the presumptive guidelines range is a
presumptive sentence. State v. Delk, 781 N.W.2d 426, 428 (Minn. App. 2010) (stating that
a reviewing court “will not generally review a district court’s exercise of its discretion to
sentence a defendant when the sentence imposed is within the presumptive guidelines
range”), rev. denied (Minn. July 20, 2010). The district court was within its discretion to
reject the state’s recommended sentence and to impose another sentence within the
presumptive range.
20 Williams further asserts that the district court abused its discretion because the
district court stated that its sentence was based on Williams’s “history and [his]
involvement in this very serious offense”—which are facts that are already accounted for
by the presumptive sentence. He also challenges the district court’s statement that
Williams likely fired a gun from the Range Rover as contrary to the evidence. We agree
that some of the district court’s statements were inartful. But we are not convinced that
these remarks show that the district court relied on improper factors in deciding to impose
a presumptive sentence. Instead, the transcript of the sentencing hearing demonstrates that
the district court considered the record as a whole when it imposed the presumptive
sentence. And we will affirm the decision to impose the presumptive sentence when “the
record shows that the [district] court carefully evaluated all the testimony and information
presented before making a determination.” State v. Johnson, 831 N.W.2d 917, 925 (Minn.
App. 2013) (quotation omitted), rev. denied (Minn. Sept. 17, 2013). Because we are
satisfied that the district court acted within its wide discretion in denying Williams’s
motion for a durational departure and imposing a guidelines sentence, we affirm.
Affirmed.