STATE OF MINNESOTA
IN SUPREME COURT
Earl Lawrence Sanders,
State of Minnesota,
O R D E R
On December 19, 2001, this court granted the State of Minnesota’s petition for review of the decision of the court of appeals remanding the case to the district court for that court to provide written reasons for an upward departure from the Minnesota Sentencing Guidelines. As part of his plea agreement, respondent had agreed to a departure from the sentencing guidelines. Further consideration in this court was stayed pending final disposition in State v. Misquadace, 644 N.W.2d 65 (Minn. 2002). In Misquadace,this court held that all departures from the sentencing guidelines must be supported by substantial and compelling circumstances, and that a plea agreement standing alone is not a sufficient basis to depart from the sentencing guidelines. Id. at 72. Thus, the court of appeals’ disposition in this case is consistent with this court’s ruling in Misquadace and further review of the departure based only on the plea agreement is not necessary.
At the court of appeals respondent raised a second argument - whether he was entitled to the presumptive sentence because he understood at the time he entered his plea that he would be allowed to participate in a Department of Corrections boot camp program to reduce his sentence. The court of appeals declined to address this argument because the court remanded on the basis of his first argument, however the court held that respondent was not automatically entitled to a reduction of his sentence to the presumptive sentence. In response to the state’s petition for review in this court, respondent reserved the argument that he did not knowingly and intelligently waive his right to be sentenced to the presumptive sentence, “an issue that was raised but not reached by the court of appeals.” (PFR Response). See Minn. R. Crim. P. 29.04, subd. 6.
Based upon all the files, records and proceedings herein,
IT IS HEREBY ORDERED that the stay of this appeal is vacated.
IT IS FURTHER ORDERED that the order granting the state’s petition for review of the issue whether a plea agreement is sufficient to support a departure from the sentencing guidelines is vacated and the petition for review of that issue is denied. See State v. Misquadace, 644 N.W.2d 65 (Minn. 2002).
IT IS FURTHER ORDERED that this matter is remanded to the court of appeals for consideration of whether the postconviction court erred in concluding that respondent’s plea was knowing, voluntary and intelligent in light of his alleged understanding regarding his participation in the Department of Corrections boot camp program.
Dated: June 26, 2002
BY THE COURT:
/s/Kathleen A. Blatz