Toby Earl Johnson v. State of Minnesota

OPINION

GILDEA, Chief Justice.

Appellant Toby Earl Johnson appeals from the postconvietion court’s denial of his motion to correct his sentence. The postconvietion court concluded that Johnson’s motion was, in effect, a petition for postconvietion relief under Minn.Stat. § 590.01 (2014), and that it was both un timely and procedurally barred. Because the postconvietion court properly construed Johnson’s motion as a petition for postconvietion relief, and Johnson failed to file his petition within the 2-year limitations period, Minn.Stat. § 590.01, subd. 4(a), we affirm.

In 1999, Johnson…