2012-M-194       Darryl Colbert, Appellant, vs. State of Minnesota, Respondent.

Appellant’s petition for post-conviction relief is time-barred under Minn. Stat. § 590.01, subd. 4 (2010).    Affirmed.

In February 2005 appellant Darryl Colbert was convicted of premeditated first-degree murder, Minn. Stat. § 609.185(a)(1) (2010), and we affirmed Colbert’s conviction on direct appeal.  Colbert has subsequently filed five petitions for post-conviction relief, and the post-conviction court has denied each petition.  Colbert appeals the post-conviction court’s denial of his fifth petition for post-conviction relief.  Because we conclude that Colbert’s petition is time-barred under Minn. Stat. § 590.01, subd. 4 (2010), we affirm.

 

 The facts of this case are set out in detail in our opinion affirming Colbert’s conviction.  We

repeat here only what is necessary for this opinion.  Following the December 26, 2003, shooting death of Robert Mitchell, Darryl Colbert was arrested and indicted for premeditated first-degree murder, Minn. Stat. § 609.185(a)(1), and second-degree intentional murder, Colbert’s first jury trial resulted in a hung jury and a mistrial.  Id.  The State retried Colbert and in February 2005, another jury found Colbert guilty of premeditated first-degree murder.  Id.  The district court imposed the mandatory sentence of life imprisonment.

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

[MURDER]