Vazquez v. State

OPINION

HUDSON, Judge.

On appeal from the postconviction court’s denial of appellant’s motion for correction or reduction of sentence, appellant argues that the postconviction court erred by treating his motion, brought under Minn. R. Crim. P. 27.03, subd. 9, as a postconviction petition and dismissing it for lack of jurisdiction. We reverse and remand.

FACTS

Pro se appellant Aeropajito Castro Vazquez was convicted of second-degree murder in January 2001.1 At sentencing, appellant’s criminal-history score was determined to be five, and appellant was sentenced to 406 months pursuant to the…