2011-M-183             Toby Earl Johnson, petitioner, Appellant, vs. State of Minnesota, Respondent.

On April 10, 2000, Johnson and the State presented a plea agreement to the district court.  Pursuant to the agreement, the State amended count one from first-degree murder to aiding and abetting first-degree murder (in violation of Minn. Stat. §§ 609.05, .185(1) (2010)) on the belief that Johnson would plead guilty to the amended count one as well as count two.  Johnson then pleaded guilty to both amended count one and count two.  The plea agreement stated that Johnson would be sentenced on count two and receive a 30- to 36-year sentence if, in the “sole discretion” of the State, Johnson provided “useful” information about R.P.’s murder, specifically that two people in prison had ordered the killing.  If Johnson did not provide adequate information, then the State would recommend the court sentence Johnson on the amended count one charge, resulting in a sentence of life in prison with the possibility of parole after 30 years.  The court accepted the guilty pleas.  On May 26, 2000, the court, pursuant to the State’s recommendation that Johnson had not provided “useful information,” sentenced Johnson on amended count one, resulting in a sentence of life in prison with the possibility of parole after 30 years.

HELD:  Appellant’s petition for post-conviction relief is denied on the ground that it is time-barred under Minn. Stat. § 590.01 (2010).

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

[MURDER]