State v. Fugalli
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The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court denying Defendant's presentence motion to withdraw his guilty plea, holding that there was no error.
During his plea hearing, Defendant admitted that he offered to sell thirteen grams of heroin but that only 8.906 grams of heroin were delivered to the buyer. Defendant subsequently moved to withdraw his guilty plea, arguing that the factual basis for his guilty plea was inaccurate because he did not admit that ten or more grams of heroin were delivered to the buyer in this case. The district court denied the motion. The court of appeals affirmed. The Supreme Court affirmed, holding that, under Minn. Stat. 152.021, subd. 1(3), individuals sell ten or more grams of heroin when they offer to sell ten or more grams of heroin, even if the individual delivers less than ten grams of heroin to the buyer.
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