2013-M-246        Otha Eric Townsend, petitioner, Appellant, vs. State of Minnesota, Respondent.

Appellant Otha Eric Townsend challenges the district court’s denial of his motion to correct his sentence under Minn. R. Crim. P. 27.03, subd. 9.  Townsend was convicted of first-degree murder in 1994, and we affirmed his conviction on direct appeal in 1996.  We subsequently affirmed the denial of his four petitions for post-conviction relief.

  In the current proceeding before the court, Townsend filed a motion to correct his sentence under rule 27.03, subdivision 9, arguing that the overall length of his imprisonment should be reduced.  The district court treated the motion as a petition for post-conviction relief and denied it on the grounds that it was time barred and procedurally barred.

 We conclude that Townsend’s argument lacks merit and therefore affirm.

Dietzen (Gildea, Page, Anderson,  Stras, and Wright)

               Took no part:  Lillehaug

[MURDER]

A12-1734,