The Free Press, Mankato, MN

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October 2, 2008

Drug offender loses appeal

By Dan Nienaber

MANKATO — A 35-year-old drug offender who had hoped to enroll in an early-release program but was denied access cannot withdraw his guilty plea, according to a Minnesota Court of Appeals ruling.

David Allen Anderson was sentenced to between five and eight years in prison in November 2005 after he pleaded guilty to manufacturing methamphetamine. He filed a petition to withdraw his guilty plea in February 2007 after he found out he wouldn’t be accepted for early release.

Anderson had met the criteria for at least one program but was denied because Assistant Blue Earth County Attorney Chris Rovney opposed his enrollment. When Anderson asked to withdraw his plea, he said he had been assured by his attorney he would qualify for the Challenge Incarceration Program.

“The fact that I could go to a program like CIP and perhaps be able to reduce my time in prison was critical in my decision to plead guilty to a 104-month sentence,” Anderson said in his petition.

The Court of Appeals decision points out Anderson was warned by District Court Judge Brad Walker that nothing was guaranteed with the plea agreement.

Anderson had waived a pre-sentence investigation and asked to be sentenced on Nov. 15, 2005, which is the day he entered the plea. He said he wanted to be sent to the custody of the Department of Corrections to start any programming available, according to court transcripts cited by the appeals court.

“And you understand that I don’t have any control over what programming or classes or anything that may be available?” Walker asked.

“Yes I do, your honor,” Anderson responded.

Walker also suggested Anderson wait for a pre-sentence investigation because it could improve his chances of getting into an early-release program. Walker also made reference to a statement that had been made by Anderson’s attorney that said, “that in certain cases the recommendation of the prosecution is very important.”

A guilty plea from a plea agreement can only be withdrawn if a judge finds the plea was not entered accurately, voluntarily and intelligently. Walker denied Anderson’s petition to withdraw the plea and the Court of Appeals upheld the decision with its ruling Tuesday.

“Nothing in the record before (Anderson) filed his postconviction petition supports (Anderson’s) claim that he was promised acceptance into an early-release program,” the ruling said.

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