Carey v. State

OPINION

JOHNSON, Judge.

Patrick William Carey pleaded guilty to two counts of first-degree criminal sexual conduct. In a plea agreement, Carey and the state agreed that the district court would first impose an executed prison sentence for the later-occurring offense and then impose a stayed prison sentence for the earlier-occurring offense, notwithstanding section II.F. of the Minnesota Sentencing Guidelines, which provides that a district court must impose multiple sentences in the order in which the offenses occurred.

In a posteonviction petition filed three years later, Carey sought to…