Dwight Kelsey v. State

Petitioner, whose jury conviction for attempted first-degree murder, Minn. St. 609.17 and 609.185(1), was affirmed by this court in State v. Kelsey, 293 Minn. 397, 196 N.W.2d 287 (1972), now appeals from the denial of post-conviction relief and of a new trial contending (1) that the trial court erred in refusing to accept a negotiated plea of guilty, made before any witnesses were sworn, to a reduced charge of aggravated assault, § 609.225; and (2) that the trial court erred in discussing a matter with a juror in counsel's presence but outside of petitioner's presence. Both of these issues should have been raised on appeal from the judgment since there is no factual dispute and thus no need for a post-conviction evidentiary hearing. Moreover, neither of the issues was raised in the petition for post-conviction relief. Nevertheless, we have considered both issues and affirm the post-conviction court. The rule is that a trial court may not accept a guilty plea unless it is first satisfied that, among other things, the plea is supported by an adequate factual basis. In other words, there must be sufficient facts on the record to support a conclusion that defendant's conduct falls within the charge to which he desires to plead guilty. In this case petitioner, although admitting that he scuffled with the victim, denied that he had used a dangerous weapon or inflicted great bodily harm upon the victim. This was all that the trial court had before it in the nature of a factual basis. Under such circumstances, there was not a sufficient factual basis to justify accepting a guilty plea. See, State v. Weigold, 281 Minn. 73, 160 N.W.2d 577 (1968). Our holding is in no way inconsistent with our prior holdings in cases such as State v. Fisher, 292 Minn. 453, 193 N.W.2d 819 (1972), that if there is some other evidence establishing a factual basis for a plea of guilty, the trial court may accept a plea even though the defendant cannot bring himself to admit that he is guilty.