Smith v. State

OPINION

SHORT, Judge

In 1992, Henry Lernell Smith pleaded guilty to second-degree felony murder in violation of Minn.Stat. § 609.19(2) (1992), and first-degree assault in violation of Minn.Stat. § 609.221 (1992). Five and a half years later, Smith filed a petition for postconviction relief. The postconviction court vacated Smith’s sentence for second-degree felony murder and ordered a trial. On appeal, the state argues: (1) an illegal drug sale that results in a shooting death may serve as a predicate felony for second-degree felony murder; and (2) the withdrawal of Smith’s guilty plea was not…