This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2004).
STATE OF MINNESOTA
IN COURT OF APPEALS
Filed July 12, 2005
Ramsey County District Court
File No. K6-96-2829
Mike Hatch, Attorney General, 1800 NCL Tower, 445 Minnesota Street, St. Paul, MN 55101-2134; and
Susan Gaertner, Ramsey County Attorney, Mark Nathan Lystig, Assistant County Attorney, 50 West Kellogg Blvd., Suite 315, St. Paul, MN 55102 (for respondent)
Considered and decided by Shumaker, Presiding Judge, Willis, Judge, and Forsberg, Judge.
petition for postconviction relief is a collateral attack on a judgment which
carries a presumption of regularity and which, therefore, cannot be lightly set
defendant is entitled to the benefit of a new federal rule of criminal law or
procedure that is announced while his or her case is pending on direct
court has previously determined that both Apprendi
and Blakely announced new rules of
constitutional law that are not subject to retroactive application on
collateral review. State v. Petschl, 692 N.W.2d 463, 471-72 (Minn. App. 2004), review denied (
* Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.