Weitzel v. State
Annotate this CaseAppellant pleaded guilty to one count of failure to register as a predatory offender. Appellant later filed a petition for postconviction relief seeking to withdraw his guilty plea on the ground that it was inaccurate and lacked an adequate factual basis. The postconviction court denied the petition, concluding that it was untimely under Minn. Stat. 590.01(4)(c). The court of appeals affirmed. On appeal, Appellant argued that the postconviction court was required to consider his petition on the merits because the State forfeited its right to assert section 590.01(4)(c) as an affirmative defense. The Supreme Court reversed, holding (1) when the State fails to raise the time limits set forth in section 590.01(4)(a) and (c), the postconviction court has the discretion to consider the time limits on its own motion, but before ruling on the issue, the court must give notice to the parties and an opportunity to be heard; and (2) because the postconviction court in this case failed to give the parties notice that it intended to consider on its own motion the statute of limitation in section 590.01(4)(c), the case must be remanded to allow the parties the opportunity to be heard on the timeliness of Appellant’s petition.
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