This opinion will be unpublished and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
Pierre Slyne Cherfils, petitioner,
Filed February 28, 2005
Ramsey County District Court
File No. K4-00-96
James S. Dahlquist,
Mike Hatch, Attorney General,
Considered and decided by Worke, Presiding Judge; Toussaint, Chief Judge; and Minge, Judge.
U N P U B L I S H E D O P I N I O N
TOUSSAINT, Chief Judge
appeal from the denial of his postconviction petition, appellant Pierre
Slyne Cherfils argues that his sentence violates his plea agreement and his
Sixth Amendment rights under Apprendi v.
D E C I S I O N
for postconviction relief are collateral attacks on judgments, which carry a
presumption of regularity and, therefore, cannot be lightly set aside. Pederson
v. State, 649 N.W.2d 161, 163 (
Cherfils argues that his sentence violates his
Sixth Amendment rights under Apprendi
and Blakely. Under Apprendi
and Blakely,any fact supporting an upward departure from the maximum sentence
authorized by the jury’s verdict must be submitted to a jury and proved beyond
a reasonable doubt. Blakely, 542
pleaded guilty to first-degree assault, in violation of Minn. Stat.
§ 609.221, subd. 1 (1998). On May
24, 2000, the district court imposed a 148-month sentence, an upward durational
departure from the presumptive 86-month sentence. The statutory maximum penalty for this
offense was 20 years.
Apprendi held that “[o]ther than the
fact of a prior conviction, any fact that increases the penalty for a crime
beyond the prescribed statutory maximum must be submitted to a jury.” Apprendi,
sentence was final in 2000. See O’Meara v. State, 679 N.W.2d 334,
Cherfils also argues that the district court violated his due-process rights by imposing a sentence longer than the sentence he agreed to in the plea agreement. But the record shows that Cherfils and the state agreed to a sentence between one-and-a-half and two times the presumptive guidelines sentence of 86 months. The 148-month sentence is, therefore, within the range agreed to in the plea agreement.