Court of Appeals of Minnesota June 22, 1999, C8-98-1951 (Smith v. State)

OPINION

SHORT, Judge

In 1992, Henry Lernell Smith pleaded guilty to second-degree felony murder in violation of Minn.Stat. § 609.19(2) (1992), and first-degree assault in violation of Minn.Stat. § 609.221 (1992). Five and a half years later, Smith filed a petition for postconviction relief. The postconviction court vacated Smith’s sentence for second-degree felony murder and ordered a trial.