Abshir Abtidon Barrow v. State of Minnesota
2015 Minn. LEXIS 192
| Minn. | 2015Background
- Barrow pleaded guilty to third-degree sale of a narcotic drug and was sentenced to 15 months.
- The factual basis for the plea was Barrow’s admission that he gave cocaine to his wife to hide during a police stop.
- The wife helped hide the drugs, and Barrow later claimed she had nothing to do with the purchase; Barrow admitted only a limited handoff.
- Barrow argued the statutory definition of ‘sell’ requires relinquishment of possession, which his admission did not establish.
- The postconviction court held the conduct satisfied the sale definition; the court of appeals affirmed; this Court reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Barrow’s conduct falls within the statutory definition of sell | Barrow: not within sale; no relinquishment. | State: conduct fits under give away or deliver. | Not within the sell definition; Barrow did not relinquish possession. |
| Whether the plea had an adequate factual basis | Barrow: plea lacks factual basis for sale. | State: record supports sale-based basis. | Factual basis insufficient; Barrow must be allowed to withdraw. |
| Whether Barrow should withdraw the plea to avoid manifest injustice | If not a valid plea, withdrawal is necessary. | Earlier ruling stands; plea valid. | Plea must be withdrawn; remand for proceedings consistent with the opinion. |
Key Cases Cited
- Carithers v. State, 490 N.W.2d 620 (Minn. 1992) (distinguishable; spouse’s joint acquisition of drugs not shown; effect on sale definition)
- State v. Theis, 742 N.W.2d 643 (Minn. 2007) (manifest injustice standard for postconviction relief)
- State v. Trott, 338 N.W.2d 248 (Minn. 1983) (basis for factual basis requirement in guilty pleas)
- State v. Raleigh, 778 N.W.2d 90 (Minn. 2010) (plea validity review standard)
- State v. Ecker, 524 N.W.2d 712 (Minn. 1994) (three prerequisites to a valid guilty plea: accurate, voluntary, intelligent)