Legal Opinion
State v. Garcia
Supreme Court of Minnesota
Decided July 9, 1998No. C4-97-1337PublishedCited by 34 opinions
1Opinion of the Court
OPINION
BLATZ, Chief Justice.
In this sentencing appeal, the defendant, Steven Paul Garcia, challenges the post-sentencing addition of a conditional release term to his plea-bargained sentence and seeks specific performance of the plea agreement. We hold that Garcia’s original sentence, which did not contain the conditional release term required by Minn.Stat. § 609.346, subd. 5 (1996), was unauthorized and properly corrected by the district court. Further, we hold that the remedy for Garcia’s breached plea agreement is to permit Garcia to either withdraw his guilty plea and plead anew or remain…
2Cases cited9 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- United States v. DiFrancescoSupreme Court of the United States · 1980
- Mabry v. JohnsonSupreme Court of the United States · 1984
- Kochevar v. StateSupreme Court of Minnesota · 1979
- State v. HumesSupreme Court of Minnesota · 1998
4 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- State v. MyersWest Virginia Supreme Court · 1998
- State v. SchubertSupreme Court of New Jersey · 2012
- State v. BrownSupreme Court of Minnesota · 2000
- State v. WukawitzSupreme Court of Minnesota · 2003
- Kaiser v. StateSupreme Court of Minnesota · 2002
29 more not listed; retrieve them via the Exa API.