2008-M-098            Sergio Sanchez-Diaz, petitioner, Appellant, vs. State of Minnesota, Respondent.

In June 2004, Sergio Sanchez-Diaz was convicted of first- and second-degree murder in connection with the December 2001 stabbing death of Laura Vazquez Ruelas and her unborn child.  He is currently serving a life sentence and a 306-month consecutive sentence.  On direct appeal, we affirmed the convictions.  Subsequently, Sanchez-Diaz filed a petition for post-conviction relief that was denied by the post-conviction court without an evidentiary hearing.  The post-conviction court also denied his motion for reconsideration.  We affirm.

When a claim of ineffective assistance of trial counsel can be determined on the basis of the trial record, it must be brought on direct appeal or it is Knaffla-barred.  But a claim that requires examination of evidence outside the record and additional fact-finding by the post-conviction court because it is not based solely on the briefs and trial court transcript is not Knaffla-barred.

               Dietzen (Magnuson, Page, Paul Anderson, Meyer, Barry Anderson, and Gildea)

[MURDER}