[Download] "State v. Robert Alan Hirt. Robert Alan" by Supreme Court of Minnesota ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Robert Alan Hirt. Robert Alan
- Author : Supreme Court of Minnesota
- Release Date : January 01, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
After pleading guilty to burglary and receiving the maximum sentence of imprisonment authorized by Minn. St. 609.58, subd. 2(1)(a), defendant filed a direct appeal from the judgment of conviction. Thereafter, while the appeal was stayed, defendant sought post-conviction relief alleging that his plea was not freely and voluntarily made, that his counsel did not adequately represent him, and that there was no factual basis for the plea. After a hearing on this petition before a different judge from the one who accepted defendant's guilty plea, the post-conviction court granted relief on the ground that the plea was not freely and voluntarily made. Pursuant to Minn. St. 590.06, the state, contending that the post-conviction court erred in granting relief, appeals from the order granting relief and from an order denying a motion for rehearing. In his separate appeal, which we have consolidated with the state's appeal for purposes of consideration, defendant contends that the post-conviction court erred in finding and concluding that his counsel adequately represented him and that there was a sufficient factual basis for the plea. The facts are these: At approximately 4 a.m. on Saturday, April 3, 1971, defendant, who was on probation after having been convicted in 1970 of three separate burglary charges, was stopped by police in the village of St. Joseph, arrested, and charged with participating (as the driver) in the burglary of the El Paso Club. Police also arrested two of defendant's companions inside the club. A search of the glove compartment of defendant's automobile produced wallets belonging to the two men arrested inside the club.