State v. Rubin

OPINION

SEDGWICK, Judge.

Wayne Rubin appeals the denial of his motion for reduction in sentence. Rubin claims that prior convictions based on un-counseled guilty pleas should not have been used in determining his criminal history score. We affirm.

FACTS

Rubin pleaded guilty to burglary in the third degree, Minn. Stat. § 609.582, subd. 2 (1986), and was sentenced to 41 months imprisonment, based on a criminal history score of 6 or more and a severity level IV offense. Subsequently, he moved to reduce his sentence pursuant to Minn.R. Crim.P. 27.03, subd. 9. Rubin had a criminal history score of 11…