State v. Witte

Defendant appeals from a judgment of conviction on a plea; of guilty to possession of a controlled substance (amphetamines) in violation of Minn. St. 152.09, subd. (2). We stay the appeal and remand to allow defendant to commence postconviction proceedings.

Defendant argues on appeal that he should be permitted to withdraw his guilty plea because the prosecution, breached its plea agreement to make no recommendations as to sentence. We note at the outset that neither defendant nor his counsel, who had placed the plea agreement on the record in this case, made any objection to the prosecutor’s…