Smude v. State

Todd, Justice.

This is an appeal from an order of the Crow Wing County District Court denying a petition for relief from a 1973 conviction for felonious theft, Minn. St. 609.52, a conviction which was based on a guilty plea. We remand for further proceedings.

At the time petitioner entered his guilty plea to the felonious theft charge, he denied that anyone had made any promises, and neither the prosecutor nor the public defender informed the court of any plea bargain. However, in seeking postconviction relief, petitioner contended that his attorney had informed him that a bargain had been…