Harvey Ray Dupey v. State of Minnesota
855 N.W.2d 544
Minn. Ct. App.2014Background
- Dupey challenged a district court postconviction petition after a stay of adjudication on a felony offense.
- The stay occurred Feb 27, 2009, with five-year probation following a guilty plea to fifth-degree possession.
- On May 24, 2011, the court revoked the stay after new pleas and probation violations, imposing a 13-month sentence.
- Dupey filed for postconviction relief on May 23, 2013, seeking to withdraw his guilty plea based on new lab evidence; petition denied Oct 10, 2013 as untimely.
- Issue presented: whether a stay of adjudication on a felony triggers the two-year postconviction deadline after entry of judgment or sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does a stay of adjudication trigger the two-year postconviction deadline? | Dupey argues deadline starts with the stay. | State argues deadline starts at judgment/sentence. | Two-year limit runs from judgment/sentence; stay is a sentence, so untimely. |
Key Cases Cited
- State v. Wright, 699 N.W.2d 782 (Minn. App. 2005) (stay-of-adjudication is a sentence for purposes of § 590.01)
- State v. Manns, 810 N.W.2d 303 (Minn. 2005) (stay of adjudication treated as a sentence (mem.))
- Sanchez v. State, 816 N.W.2d 550 (Minn. 2012) (two triggers for § 590.01(4) time limit; plain language controls)
- Swenson v. Nickaboine, 793 N.W.2d 738 (Minn. 2011) (statutory interpretation of § 590.01 timing)