Schwerm v. State, 42310
| Decision Date | 04 December 1970 |
| Docket Number | No. 42310,42310 |
| Citation | 181 N.W.2d 867,288 Minn. 488 |
| Parties | William C. SCHWERM, Appellant, v. STATE of Minnesota, Respondent. |
| Court | Minnesota Supreme Court |
Syllabus by the Court
Notwithstanding hopes of a substantially limited sentence that may have been engendered in plea negotiations between the prosecutor and counsel for the accused, the evidence establishes that the accused pleaded guilty with full knowledge that any statements of the prosecutor were not binding upon the court and that the court would make no commitment as to what consideration it would grant the accused. A plea of guilty may not, in these circumstances, be set aside as involuntarily made.
C. Paul Jones, Public Defender, Roberta K. Levy, Asst. Public Defender, Minneapolis, for appellant.
Douglas M. Head, Atty. Gen., St. Paul, William B. Randall, County Atty., Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.
Heard before KNUTSON, C.J., and NELSON, MURPHY, PETERSON, and ROSENGREN, JJ.
Petitioner, who was convicted of aggravated robbery upon his plea of guilty, appeals from an order denying his postconviction petition to set aside the conviction on the ground that his plea of guilty was not voluntarily made. 1
The essence of the petitioner's claim is that he was induced to plead guilty because of his belief that he would receive only a 7-year sentence to be served concurrently with another sentence in another court upon a conviction for burglary. We hold that the evidence credited by the postconviction court amply sustains the findings adverse to this and other similar claims of promises or pressures.
Petitioner went to trial before the Honorable Robert V. Rensch, upon the charge of aggravated robbery, represented by Wilton Gervais as privately retained counsel. The prosecutor, Assistant County Attorney Albert Ranum, initiated plea discussions during the trial. The plea discussions became more pointed on the second day of trial, after strong evidence of guilt had been introduced by the state. Two eyewitnesses had identified the petitioner as one of the armed robbers and, upon the introduction into evidence of a jacket, identified as being petitioner's, he exclaimed to Gervais, 'We had it now.'
Petitioner, according to his own version, wanted a 'package deal' of a 7-year, concurrent sentence and without any obligation to implicate his accomplices. Gervais, called by petitioner as a witness in the postconviction hearing, testified that Ranum had indicated, based upon his own experience, there was a 'good probability' that the judge would impose a limited sentence of 10 years. Gervais, however, 'made it clear' to petitioner that 'there was no promise made by A1 Ranum that any limited sentence would be imposed.' Gervais and Ranum met with Judge Rensch, who refused to agree to any such limited sentence and indicated only that he would give 'some consideration' to petitioner if he pleaded guilty. Gervais thereafter related to petitioner 'that the Court would make no commitment whatsoever; therefore, any entry of a plea would have to be with the risk * * * that the judge would...
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Butala v. State
...of unqualified promise that would entitle appellant to withdraw his pleas. Perkins, 559 N.W.2d at 689 (citing Schwerm v. State, 288 Minn. 488, 491, 181 N.W.2d 867, 868 (1970) (record made clear that defendant's own counsel told him that prosecutor's statement would not bind the Appellant al......
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State v. Wukawitz
...due process. See Perkins v. State, 559 N.W.2d at 687-88; State v. Ford, 397 N.W.2d 875, 882-83 (Minn.1986); Schwerm v. State, 288 Minn. 488, 491, 181 N.W.2d 867, 868 (1970). That, however, is not the factual background giving rise to this 4. The statute was originally codified as Minn. Stat......
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Perkins v. State
...to withdraw his guilty plea because the defendant knew that the sentencing recommendation would not bind the court. 288 Minn. 488, 491, 181 N.W.2d 867, 868 (1970). The Schwerm court stated: "Although a plea of guilty may be set aside where an unqualified promise is made as a part of a plea ......
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Giles v. State, No. A03-2018 (MN 9/7/2004)
...has not achieved his unwarranted hope." Olness v. State, 290 Minn. 198, 202, 186 N.W.2d 706, 709 (1971) (citing Schwerm v. State, 288 Minn. 488, 181 N.W.2d 867 (1970)). In Olness, the defendant filed a petition for postconviction relief after pleading guilty. At a postconviction hearing, th......