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304 Minn. 586

231 N.W.2d 553

State v. Fries

Supreme Court of Minnesota

Decided June 27, 1975

Supreme Court of Minnesota · decided 1975-06-27

Cited by 4 later decisions — most recently April 1976

4 state decisions

Relies on State v. Propotnik · State v. Irving

Good law ✅— No negative treatment on recordhow we know

Decided 1975-06-27

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Per Curiam.

¶1 Defendant, whose incest conviction, Minn. St. 609.365, was based upon a plea of guilty, contends upon this appeal from judgment of conviction that the trial court erred in accepting his plea. We affirm.

¶2 Defendant’s claim that there was an inadequate factual basis is based upon the fact that the prosecutor did not move to amend the date in the information to reflect defendant’s testimony as to the date he committed the act. Defendant was not prejudiced by this and, therefore, will not be permitted to plead anew on this ground. See, Minn. St. 628.19.

¶3 The other issues raised by defendant — specifically, that he should be permitted to plead anew because the trial court did not elicit all the testimony establishing the factual basis for the plea and because the trial court did not inform defendant of all his constitutional rights before accepting the plea — are answered by this court’s opinions in State v. Irving, 299 Minn. 211, 217 N. W. 2d 197 (1974), and State v. Propotnik, 299 Minn. 56, 216 N. W. 2d 637 (1974), respectively.

¶4 Affirmed.

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