This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2004).
IN COURT OF APPEALS
Filed October 25, 2005
Lyon County District Court
File No. KX-99-256
LeRoy Rustman, OID #123869, MCF-Moose Lake, 1000 Lakeshore Drive,
Mike Hatch, Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101-2134; and
Considered and decided by Dietzen, Presiding Judge, Lansing, Judge, and Klaphake, Judge.
Robert Leroy Rustmann challenges the district court’s order denying his
postconviction petition for a reduction in his sentence and vacation of the
ten-year conditional release term imposed under Minn. Stat. § 609.109, subd. 7
(1998). Appellant based his petition on
the United States Supreme Court’s decisions in Apprendi v.
D E C I S I O N
the postconviction court’s decision for an abuse of discretion. Dukes
v. State, 621 N.W.2d 246, 251 (
defendant is entitled to the benefit of a new federal rule of criminal law or
procedure if it is announced while his or her case is still pending on direct
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.
further note that imposition of the conditional release term was approved in State v. Jones, 659 N.W.2d 748, 753 (