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Rule 15.01 – Felony Cases

May 13, 2021 | Criminal Procedure, Minnesota

Subdivision 1. Guilty Plea. Before the judge accepts a guilty plea, the defendant must be sworn and questioned by the judge with the assistance of counsel as to the following:

1. Name, age, date and place of birth, and whether the defendant is disabled in communication and, if so, whether a qualified interpreter has been provided for the defendant under Rule 8 of the General Rules of Practice for the District Courts.
2. Whether the defendant understands that the crime charged is (name of offense) committed on or about (month) (day) (year) in ________ County, Minnesota.
3. Whether the defendant understands the defendant is pleading guilty to the offense of (name of offense) committed on or about (month) (day) (year) in ________ County, Minnesota, and understands the terms of the plea agreement, if any (state the terms with specificity).
4. The judge must ensure:

a. The defendant had sufficient time to discuss the case with defense counsel.
b. The defendant is satisfied that defense counsel is fully informed as to the facts of the case, and defense counsel represented the defendant’s interests and fully advised the defendant.
c. Neither the defendant nor any other person has been given any promises other than those in the plea agreement, or been threatened by anyone, to get the defendant to plead guilty.
d. The defendant had an opportunity to ask questions of the court or make a statement before stating the facts of the crime.
5. The judge must determine whether the defendant:

a. is under the influence of drugs or intoxicating liquor;
b. has a mental disability; or
c. is undergoing medical or psychiatric treatment.
6. The judge must also ensure defense counsel has told the defendant and the defendant understands:

a. Upon a plea of not guilty, there is a right to a trial by jury and a finding of guilty is not possible unless all jurors agree.
b. There will not be a trial by either a jury or a judge without a jury if the defendant pleads guilty.
c. By pleading guilty the defendant waives the right to a trial by a jury or a judge on the issue of guilt.
d. If the defendant pleads not guilty and has a trial by jury or judge, the defendant will be presumed to be innocent until proven guilty beyond a reasonable doubt.
e. If the defendant pleads not guilty and has a trial, the prosecutor will be required to have the witnesses testify in open court in the defendant’s presence, and the defendant will have the right, through defense counsel, to question these witnesses.
f. The defendant waives the right to have witnesses testify in the defendant’s presence in court and be questioned by defense counsel.
g. If the defendant pleads not guilty and has a trial, the defendant will be entitled to require any defense witnesses to appear and testify.
h. The defendant waives the right to subpoena witnesses.
i. The maximum penalty the judge could impose for the crime charged (taking into consideration any prior convictions) is imprisonment for _____ months or _____ years.
j. If a minimum sentence is required by statute, the judge may impose a sentence of imprisonment of not less than _____ months for the crime charged.
k. For felony driving while impaired offenses and most sex offenses, a mandatory period of conditional release will be imposed to follow any executed prison sentence, and violating the terms of that conditional release may increase the time the defendant serves in prison.
l. If the defendant is not a citizen of the United States, a guilty plea may result in deportation, exclusion from admission to the United States, or denial of naturalization as a United States citizen.
m. The prosecutor is seeking an aggravated sentence (if applicable).
n. If the court does not approve the plea agreement, the defendant has an absolute right to withdraw the guilty plea and have a trial.
o. If the plea of guilty is not accepted by the court, or is withdrawn by the defendant, or is vacated on appeal or other review, the defendant will stand trial on the original charge(s), including any charges dismissed under the plea agreement, and the prosecutor may proceed just as if there had never been an agreement.
p. If the defendant pleads not guilty and has a jury trial, the defendant can decide to testify at trial, but if the defendant decided not to testify, neither the prosecutor nor the judge could comment to the jury about the failure to testify.
q. The defendant waives the right to testify, and agrees to tell the court about the facts of the crime.
r. The defendant with knowledge and understanding of all these rights still wishes to enter a plea of guilty or instead wishes to plead not guilty.
7. The judge must inquire whether the defendant makes any claim of innocence.
8. The defendant must state the factual basis for the plea.

Subd. 2. Aggravated Sentence. Before the judge accepts an admission of facts in support of an aggravated sentence, the defendant must be sworn and questioned by the judge with the assistance of defense counsel. This must be done separately from the inquiry that is required by subdivision 1. The inquiry must include whether the defendant:

1. Understands that the prosecutor is seeking a sentence greater than the presumptive guideline sentence or an aggravated sentence.
2. Understands that the presumptive guideline sentence for the crime to which the defendant has pled guilty or otherwise has been found guilty is ________________ , and that the defendant could not be given an aggravated sentence greater than the presumptive guideline sentence unless the prosecutor proves facts in support of an aggravated sentence beyond a reasonable doubt.
3. Understands that the sentence in this case will be an aggravated sentence of _________________ , or will be left to the judge to decide.
4. Has had sufficient time to discuss this aggravated sentence with defense counsel.
5. Is satisfied that defense counsel is fully informed as to the facts supporting an aggravated sentence and has represented defendant’s interests and fully advised the defendant.
6. The judge must also ensure defense counsel has told the defendant and defendant understands that:

a. Even though the defendant has pled guilty to or has otherwise been found guilty of the crime of __________________ , defendant may contest the facts alleged by the prosecutor that would support an aggravated sentence.
b. If defendant contests the facts alleged in support of an aggravated sentence, the defendant has a right to a trial by a jury or a judge to determine whether the facts have been proven, and a finding that the facts are proven is not possible unless all jurors agree.
c. The defendant waives the right to a trial by a jury or a judge of the facts in support of an aggravated sentence.
d. At trial before a jury or a judge, the defendant would be presumed not to be subject to an aggravated sentence, and the court could not impose an aggravated sentence unless the facts in support of the aggravated sentence are proven beyond a reasonable doubt.
e .If the defendant contests the facts alleged in support of an aggravated sentence and has a trial by a jury or a judge, the prosecutor will be required to have the prosecution witnesses testify in open court in the defendant’s presence, and the defendant will have the right, through defense counsel, to question these witnesses.
f. The defendant waives the right to have witnesses testify in the defendant’s presence and be questioned by defense counsel.
g. If the defendant contests the facts alleged in support of an aggravated sentence and has a trial by a jury or a judge, the defendant will be entitled to require any defense witnesses to appear and testify.
h. The defendant waives the right to subpoena witnesses.
i. If the defendant contests the facts in support of an aggravated sentence and has a trial by a jury or a judge, the defendant can decide to testify if the defendant wishes, but if the defendant decides not to testify, neither the prosecutor nor the judge could comment to the jury about the failure to testify.
j. The defendant waives the right to remain silent and agrees to tell the court about the facts supporting an aggravated sentence.
k. With knowledge and understanding of these rights, the defendant still wants to admit the facts in support of an aggravated sentence or instead wants to contest these facts and have a trial by a jury or a judge.
7. The defendant must state the factual basis for an aggravated sentence.

Minn. R. Crim. P. 15.01