After you kill a rape victim in 1986, you can get a sentence in 1987.  Then you can file appeals in 1989, 1993, 1999,2008, 2013, 2015, and then 2015 again.  On your eighth appeal in 2016, you should have learned that there is a two-year time limit on motions to correct sentences. 

2015-M-301       Michael Wayne, Appellant, vs. State of Minnesota, Respondent.

Appellant Michael Wayne appeals the post-conviction court’s denial of a request that he formally styled as a “Motion for Correction of Sentence” under Minn. R. Crim. P. 27.03, subd. 9.  Because the post-conviction court did not err in treating Wayne’s request as a petition for post-conviction relief and Wayne filed his request after the 2-year post-conviction statute of limitations had expired, we affirm.

In 1987, following a jury trial, the district court convicted appellant Michael Wayne of the offense of first-degree murder while committing criminal sexual conduct, for the stabbing death of Mona Armendariz, and sentenced him to life in prison.

In 1989, in a consolidated appeal, we affirmed Wayne’s conviction and the denial of his first petition for post-conviction relief. 

Wayne has filed six other post-conviction petitions, in 1993, 1999, 2008, 2013, 2015, and 2015 again, none of which warranted relief. 

In this eighth review, in November 2014, Wayne brought a motion to correct his sentence.  The post-conviction court treated Wayne’s motion as a petition for post-conviction relief and denied it for, among other reasons, his failure to file it until after the 2-year post-conviction statute of limitations had expired.  Wayne appeals the post-conviction court’s decision to deny relief.

Appellant’s motion was a petition for post-conviction relief that the appellant failed to timely file.

  

Affirmed.

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

[MURDER]

A15-426,