This opinion will be unpublished and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
William Richard Iverson,
State of Minnesota,
Ramsey County District Court
File No. K3972703
William R. Iverson, MCF -
Mike Hatch, Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101-2134; and
Susan Gaertner, Ramsey County Attorney, Mark Nathan Lystig, Assistant County Attorney, Ramsey County Government Center West, Suite 315, 50 West Kellogg Boulevard, St. Paul, MN 55102 (for respondent)
Considered and decided by Dietzen, Presiding Judge; Stoneburner, Judge; and Parker, Judge.*
On appeal from denial of his postconviction petition, pro se appellant argues (1) that he was unable to understand his original guilty plea because of a mental illness and (2) that the upward sentencing departure he received in 1998 is unconstitutional under Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004). We affirm.
Appellant pleaded guilty to assault in 1998 and was
sentenced to 200 months in prison, an upward departure. On direct appeal, this court affirmed the
sentencing departure. State v. Iverson, No. C6-98-992, 1998 WL
799183 (Minn. App. Nov. 17, 1998), review
The postconviction court’s decision will not be
disturbed unless the court abused its discretion. Dukes
v. State, 621 N.W.2d 246, 251 (
Regarding appellant’s sentencing argument, Blakely v. Washington requires that a judge rely on facts found by a jury
or admitted by the defendant when issuing an upward sentencing departure. 542
* Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.