2010-M-135             State of Minnesota, Respondent, vs. Rashad Arthur Raleigh, Appellant

Appellant Rashad Arthur Raleigh pled guilty to first-degree premeditated murder for the death of Howard Porter (a Ramsey County probation officer).  The issue in this case is whether the district court should have granted appellant’s pre-sentence motion to withdraw his plea under either the “manifest injustice” or “fair and just” standard of Minn. R. Crim. P. 15.05, subds. 1, 2.  The district court denied appellant’s motion to withdraw his plea under both standards.  We affirm.

Appellant failed to show his guilty plea to first-degree premeditated murder was invalid; thus, appellant may not  withdraw his plea to correct a “manifest injustice” under Minn. R. Crim. P. 15.05, subd. 1.

The district court did not abuse its discretion in denying appellant’s motion to withdraw his guilty plea to first-degree premeditated murder because appellant failed to advance substantiated reasons why withdrawal was “fair and just” under Minn. R. Crim. P. 15.05, subd. 2.

Affirmed.

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

[MURDER]