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He seemed to be the first real "foodie" i ever knew and would talk about foods he had sampled from all around. I enjoyed and appreciated his bluntness and honesty, i wish i had had the privileged to have met him in his younger days Rest in Peace Sir you will be missed.

He was a great companion, mentor and partner. We fought many battles together. And win or lose he never lost his humor or composure. A loyal friend and dependable comrade. My sympathy and condolences go out to Marguerite, Ann, Barbara and Bob.

There are many that mourn Tom's passage and share your grief. He was charged by formal complaint with second-degree criminal sexual conduct. At the omnibus hearing, Bettinger, who was represented by a public defender, filed a petition to enter a plea of guilty based on a plea agreement negotiated by his attorney and the assistant county attorney.

The plea agreement provided for a stay of imposition and 25 years of probation, with various conditions of probation, including completion of sex-offender treatment. This agreement providing for a stay of imposition was stated on the record before Bettinger entered his guilty plea. The court left open the possibility that other conditions of probation would be added later. The court also ordered a presentence investigation.

The sentencing hearing occurred nearly two months after the guilty plea was entered and followed allegations that Bettinger had violated his conditions of release. The court also stayed a one-year probationary jail term. Bettinger never entered a sex-offender treatment program despite numerous attempts by the Dakota County probation staff to locate an appropriate program and arrange for funding. It also added the five-year conditional release term mandated by Minn. Bettinger later filed a postconviction petition, claiming the failure to inform him that the conditional-release period would be imposed if his probation was revoked invalidated the plea.

The district court granted the petition without holding an evidentiary hearing, after the parties agreed there were no material facts in dispute. The state filed this appeal. Hale v. State, N. Interpretation and enforcement of plea agreements, however, present issues of law, which are reviewed de novo. See State v. Brown, N. A guilty plea, to be valid, must be accurate, voluntary, and intelligent.

The voluntariness requirement ensures that the plea is not made in response to improper inducements. Alanis v. A guilty plea is invalid if induced by a promise that cannot be fulfilled. State v. Garcia, N. The supreme court held in Garcia that a defendant who was promised an month sentence that did not include a conditional-release term was entitled to withdraw his guilty plea when the mandatory conditional-release term was added later.

The postconviction court concluded that, under Garcia, Bettinger was entitled to withdraw his guilty plea because the conditional-release term, not mentioned in the plea agreement, was later added to his sentence.

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