Kelsey v. State
| Citation | 298 Minn. 531,214 N.W.2d 236 |
| Decision Date | 04 January 1974 |
| Docket Number | Nos. 44020,44032,s. 44020 |
| Parties | Dwight KELSEY, Appellant, v. 0STATE of Minnesota, Respondent. |
| Court | Supreme Court of Minnesota (US) |
Dwight W. Kelsey, pro se.
C. Paul Jones, Public Defender, Minneapolis, for appellant.
Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, Co. Atty., Vernon E. Bergstrom, Michael McGlennen, and Theodore R. Rix, Asst. Co. Attys., Minneapolis, for respondent.
Considered en banc without oral argument.
Petitioner, whose jury conviction for attempted first-degree murder, Minn.St. 609.17 and 609.185(1), was affirmed by this court in State v. Kelsey, 293 Minn. 397, 196 N.W.2d 287 (1972), now appeals from the denial of postconviction relief and of a new trial contending (1) that the trial court erred in refusing to accept a negotiated plea of guilty, made before any witnesses were sworn, to a reduced charge of aggravated assault, § 609.225; and (2) that the trial court erred in discussing a matter with a juror in counsel's presence but outside of petitioner's presence. Both of these issues should have been raised on appeal from the judgment since there is no factual dispute and thus no need for a postconviction evidentiary hearing. Moreover, neither of the issues was raised in the petition for postconviction relief. Nevertheless, we have considered both issues and affirm the postconviction court.
The rule is that a trial court may not accept a guilty plea unless it is first satisfied that, among other things, the plea is supported by an adequate factual basis. In other words, there must be sufficient facts on the record to support a conclusion that defendant's conduct falls within the charge to which he desires to plead guilty. In this case petitioner, although admitting that he scuffled with the victim, denied that he had used a dangerous weapon or inflicted great bodily harm upon the victim. This was all that the trial court had before it in the nature of a factual basis. Under such circumstances, there was not a sufficient factual basis to justify accepting a guilty plea. See, State v. Weigold, 281 Minn. 73, 160 N.W.2d 577 (1968). Our holding is in no way inconsistent with our prior holdings in cases such as State v. Fisher, 292 Minn. 453, 193 N.W.2d 819 (1972), that if there is some other evidence establishing a factual basis for a plea of guilty, the trial court may accept a plea even though the defendant cannot bring himself to admit that he is guilty.
Petitioner's other claim relates to the fact that after the jury was sworn but before any witnesses had testified, the trial court, in the presence of cunsel, held an on-the-record in-chambers discussion with one of the jurors. In this discussion, the juror related that about 1 1/2 or 2 years earlier a person he had worked...
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Holt v. State, No. A08-223.
...defendant's absence "is not ground for a new trial if he was not prejudiced," McGath, 370 N.W.2d at 886 (citing Kelsey v. State, 298 Minn. 531, 532, 214 N.W.2d 236, 237 (1974)), and such an absence will be reviewed for harmless error. State v. Bouwman, 354 N.W.2d 1, 8 In Kelsey, after the j......
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State v. Petersen, A10–416.
...conduct fits within the charge for which he is pleading guilty. State v. Ecker, 524 N.W.2d 712, 716 (Minn.1994); Kelsey v. State, 298 Minn. 531, 532, 214 N.W.2d 236, 237 (1974). The purpose of this requirement is to protect defendants from pleading guilty to charges that are not supported b......
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Kelsey v. State
...bias of a juror in the presence of defense counsel but in his absence. This court affirmed the denial of relief. Kelsey v. State, 298 Minn. 531, 214 N.W.2d 236 (1974). c. He apparently brought a second postconviction petition in 1976 but did not appeal the order denying that petition. d. He......
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Vernlund v. State
...to support a conclusion that defendant's conduct falls within the charge to which he pleads guilty"); see also Kelsey v. State, 298 Minn. 531, 532, 214 N.W.2d 236, 237 (1974). Such disclosure is essential if the trial court is to ensure an accurate plea. Furthermore, appellate review is imp......