Dereje v. State

OPINION

KLAPHAKE, Judge.

Appellant Tsige Abebaw Dereje challenges his conviction of fifth-degree criminal sexual conduct, arguing that his stipulated facts trial, held pursuant to Minn. R.Crim. P. 26.01, subd. 3, was not valid, and that his right to a fair trial was denied by the ineffective assistance of his trial counsel.

We conclude that appellant’s trial on stipulated facts did not conform' to the express language of the-rule and therefore was not valid; but we further conclude that this error was harmless. But because we also conclude that appellant was denied the effective assistance of…