State v. Montermini, 2012 Minn. App. LEXIS 86

Appellant Fabrizio Montermini was driving during a January 13, 2006 two-car collision that killed B.F. and injured six others.
Appellant admitted drinking and driving; he drove at high speed and lost control on Old Hudson Road, causing the fatal crash.
Initial state charges included criminal vehicular homicide and criminal vehicular operation resulting in substantial bodily harm; B.F. died February 2006, prompting amended charges.
On March 31, 2006, Montermini pled guilty to criminal vehicular homicide, criminal vehicular operation resulting in substantial bodily harm, and kidnapping to facilitate flight, with the state dismissing other charges and not seeking an upward departure.
On remand after a previous appeal, the district court vacated the remaining pleas and convictions for vehicular homicide and injury to allow recharging and new charges; trial proceeded with the refiled counts; jury convicted Montermini of third-degree depraved-mind murder and related vehicular offenses.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court could vacate pleas and refile charges on remand	Montermini argues the court overstepped remand scope and violated the plea agreement	State contends remand allowed vacating remaining pleas to preserve the plea bargain	No abuse of discretion; remand permitted vacating and recharging consistent with the appeal ruling
Whether the district court erred by not sua sponte giving a lesser-included offense instruction	Montermini contends evidence supported a lesser offense and the court should have instructed	State argues no plain error since no request and strategy favored all-or-nothing verdict	No plain error; court did not err in declining sua sponte instruction
Is the evidence sufficient to sustain the third-degree depraved-mind murder conviction	Montermini challenges sufficiency of depraved-mmind theory given acquittals on kidnapping	State asserts circumstantial evidence supports depraved mind given extreme speed, recklessness, and disregard for life	Evidence supports depraved-mind murder conviction beyond a reasonable doubt

State v. Spraggins, 742 N.W.2d 1 (Minn.App. 2007) (legal issue: scope/remand and post-plea procedures in vacature)
Janssen v. Best & Flanagan, LLP, 704 N.W.2d 759 (Minn.2005) (district court discretion on remand proceedings)
State v. Lewis, 656 N.W.2d 585 (Minn.2003) (plea agreements and remand effect on proceedings)
State v. Misquadace, 629 N.W.2d 487 (Minn.App.2001) (intricate plea agreements involving multiple crimes)
Ricketts v. State, 483 U.S. 1 (U.S. 1987) (waiver of double jeopardy rights under breach of plea agreements)
State v. Jeffries, 806 N.W.2d 56 (Minn.2011) (jeopardy attaches when plea is accepted/recorded; second prosecution violates double jeopardy)
State v. Martinez-Mendoza, 804 N.W.2d 1 (Minn.2011) (jeopardy and plea-related issues on appeal)
State v. Dahlin, 695 N.W.2d 588 (Minn.2005) (standard for requiring lesser-included instruction must be requested; plain error standards)
State v. Leinweber, 303 Minn. 414 (1956) (analysis of lesser-included offenses in jury instructions)
State v. Goodloe, 718 N.W.2d 413 (Minn.2006) (plain error standard for failure to give jury instruction)
State v. Penkaty, 708 N.W.2d 185 (Minn.2006) (waiver of trial rights when no objection to instruction)
State v. Crow, 730 N.W.2d 272 (Minn.2007) (jeopardy and retrial considerations after appeal)