Appellant, who is represented by counsel, seeks review of the district court’s April 3, 2024 sentencing order after remand for resentencing.
Appellant’s brief is due on August 12, 2024, which is within 30 days after the final transcript was delivered electronically to appellant’s counsel on July 11, 2024.
On August 7, 2024, appellant filed a motion to stay this appeal and remand the matter to the district court.
denied (Minn. Mar. 14, 1995); see also Frisch v. State, 840 N.W.2d 426, 429 (Minn. App. 2013) (holding that rule 28.02, subdivision 4(4), does not apply to an appeal from the denial of a postconviction petition).
Because a challenge to the ineffective assistance of counsel regarding counsel’s failure to request a restitution hearing in regard to a restitution amount that was imposed in the original sentencing hearing is beyond the scope of an appeal from the district court’s April 3, 2024 resentencing order, a stay of this appeal to permit appellant to pursue such relief does not serve the goal of efficient case management.