State v. Maurstad

733 N.W.2d 141, 2007 Minn. LEXIS 317, 2007 WL 1704099
CourtSupreme Court of Minnesota
DecidedJune 14, 2007
DocketA04-1000
StatusPublished
Cited by75 cases

This text of 733 N.W.2d 141 (State v. Maurstad) 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
State v. Maurstad, 733 N.W.2d 141, 2007 Minn. LEXIS 317, 2007 WL 1704099 (Mich. 2007).

Opinions

OPINION

ANDERSON, PAUL H., Justice.

Daniel Maurstad received a 129-month sentence after pleading guilty to three offenses under a plea agreement. When Maurstad negotiated the plea agreement, both he and the state assumed he would have a two-point criminal history score, which would yield a 110-month presumptive sentence. But the presentence investigation identified a prior felony conviction and corresponding probationary sentence that the parties had not taken into account. The district court then assigned two additional criminal history points — one point for the prior felony conviction and one point for custody status. After sentencing, Maurstad petitioned for postconviction relief on the ground that he should not have been assigned the custody status point. He asked to be resentenced with a three-point criminal history score, which would reduce his sentence by a minimum of two months. The court denied relief, finding that Maurstad had waived or forfeited review by failing to object at sentencing.

[143]*143The Minnesota Court of Appeals reversed and remanded for resentencing. The court of appeals concluded that Maur-stad did not waive his right to appeal, that he was not required to show plain error in order to obtain appellate review, and that the district court erred by assigning the custody status point. The state petitioned for review of the following issues: (1) whether a defendant can waive or forfeit review of a criminal history score calculation; and (2) whether a custody status point may be assigned for offenses a defendant committed after discharge from an indeterminate probationary term. We affirm the court of appeals.

In July 2003, respondent Daniel Maur-stad was charged in Polk County with one count of first-degree controlled substance crime (manufacturing methamphetamine) and one count of conspiracy to manufacture methamphetamine. Ten weeks later, the state amended its complaint, adding two counts of first-degree controlled substance crime (possessing methamphetamine and possessing with intent to sell methamphetamine) and one count of failure to affix the appropriate tax stamps, labels, or other required indicia to methamphetamine. Three weeks after amending its first complaint, the state filed a separate complaint against Maurstad, alleging one count of second-degree controlled substance crime (selling methamphetamine). Six weeks later, the state again amended its first complaint, adding two assault counts.

One day before Maurstad was to go on trial for the seven counts listed in the amended complaint, his counsel moved the district court for a continuance and to permit his withdrawal as counsel. At a hearing on the motions, defense counsel stated that he and Maurstad had not been able to communicate effectively and to plan a defense. Counsel also stated that the state’s “numerous amendments” to its complaint had complicated efforts to prepare for trial and that he had not yet had a chance to talk with Maurstad about the recently-added assault charges. The court denied both motions, noting that the trial had already been postponed two or three times.

The following day, Maurstad entered three guilty pleas under a plea agreement resolving all pending charges. He pleaded guilty to one first-degree controlled substance crime, the second-degree controlled substance crime, and one misdemeanor assault. The state agreed to dismiss the remaining five counts against Maurstad. At the plea hearing, the state said Maur-stad would

be sentenced according to the Minnesota sentencing guidelines. We believe this will result in a presumptive commitment to prison for 110 months. All sentences will be imposed concurrent to one another.

(Emphasis added.) After the state recited several other terms of the plea agreement, the court asked defense counsel if the state’s understanding of the plea agreement was defense counsel’s understanding as well. Defense counsel replied that it was. At the end of the hearing, the court ordered a presentence investigation (PSI) report and set a sentencing date.

A corrections agent prepared and filed Maurstad’s PSI report. The report listed two prior convictions relevant to the determination of Maurstad’s criminal history score: a 1996 Marshall County conviction for third-degree burglary, and a 1996 Pennington County conviction for aiding burglary in the second degree. The agent assigned Maurstad four criminal history points — one point each for the Marshall County and Pennington County convictions, one point for “custody status,” and one point under Hernandez for Maurstad’s [144]*144second-degree controlled substance offense.1 The agent assigned the custody status point after concluding that the second-degree controlled substance offense occurred within the original term of probation that Maurstad received for the Pennington County conviction.

Neither the state nor defense counsel was aware of the Pennington County conviction before Maurstad’s PSI report was completed. Therefore, when the parties negotiated the plea agreement, they had anticipated that Maurstad would have two criminal history points, not four. With four criminal history points, the presumptive duration of Maurstad’s governing sentence increased from the 110 months contemplated in the plea agreement to 134 months.

Defense counsel did not raise any objection to the PSI report or sentencing worksheets before the sentencing hearing. At the beginning of the hearing, the district court asked defense counsel if there was a need for a hearing on the factual content of the PSI report. Counsel responded that he did not anticipate Maurstad’s criminal history score would be as high as it was. But counsel stated,

I do believe that our plea agreement * * * contemplated that there were no representations made as to what the criminal history points might ultimately be. So, I really don’t know that ethically [Maurstad] can contest any of those points, just note that it wasn’t anticipated that it would be that high.

After the state asked the district court to impose the presumptive guideline sentences concurrent to one another, the court asked whether defense counsel wished to comment. Defense counsel stated,

[Ajgain I’d like to note for the Court that we originally believed [Maurstad] was looking at a presumptive commit for 110 months on Controlled Substance Crime in the First Degree. I know that we had a plea agreement and, because of that, I really don’t have the ability to argue for something against the bargain that was struck. So, I guess I really can’t contest the imposition of the guideline sentence here.

Shortly thereafter, the state indicated that it would not object to the court imposing a sentence at the low end of the guidelines range — 129 months rather than 134 — for the first-degree controlled substance offense, which was the offense that governed the sentence.

Based on a four-point criminal history score, the district court imposed a 129-month sentence. Maurstad appealed this sentence to the court of appeals. He later moved to stay his appeal so he could pursue postconviction relief, and the court of appeals granted this motion. Maurstad then petitioned for postconviction relief, asking to be resentenced with the correct criminal history score. Maurstad argued that he should not have received a custody status point because he was not under “any form” of criminal justice system custody at the time he committed the current offenses.

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Cite This Page — Counsel Stack

Bluebook (online)
733 N.W.2d 141, 2007 Minn. LEXIS 317, 2007 WL 1704099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-maurstad-minn-2007.