Dereje v. State

I respectfully dissent. Although I agree with Justice Wright that Dereje did not receive a stipulated-facts trial and that Dereje’s trial counsel was ineffective, I write separately to point out two additional problems with the court’s decision in this case.

I

It is undisputed on appeal that both Dereje and the State intended that De-reje’s guilt be determined using the “Trial on Stipulated Facts” procedure pursuant to Minn. R.Crim. P. 26.01, subd. 3(a) (providing that “[t]he defendant and the prosecutor may agree that a determination of defendant’s guilt ... may be submitted to and tried by…