Petition To Enter Guilty Plea

15-CR-23-56
Filed in Ninth Judicial District Court

6/29/2023 8:55 AM
Clearwater County, MN
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CLEARWATER NINTH JUDICIAL DISTRICT

____________________________________
Case #: 15-CR-23-56
State of Minnesota,
Plaintiff, PETITION TO ENTER

PLEA OF GUILTY
vs.
Matthew John Grossell,
Defendant.
____________________________________
TO: THE ABOVE-NAMED COURT
I wish to enter a plea of guilty in the above-entitled case and I hereby state to the Court
the following:
1. I am the Defendant in this case, my full name is Matthew John Grossell, and my
date of birth is October 15, 1965.
2. I am charged with the offenses of, Count 1: 4th Degree DWI in violation of Minn.
Stat. §169A.27, subdivision 1, Count 2: DWI Operate Motor Vehicle Alcohol Concentration
0.08 within 2 hours in violation of Minn. Stat. §169A.20, subdivision 1(5) and Count 3: DWI
Operate Motor Vehicle Under Influence of Alcohol in violation of Minn. Stat. §169A.20,
subdivision 1(1),
3. I hereby plead guilty to Count 3, the offense of 4th Degree DWI in violation of
Minn. Stat. §169A.20, subdivision 1(1).
4. I am pleading guilty because on February 11, 2023, in the City of Gonvick,
County of Clearwater, State of Minnesota, I was operating a motor vehicle after consuming
alcohol and that consumption of alcohol impaired my ability to operate my motor vehicle.
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5. That I understand that the maximum possible sentence of the misdemeanor
offense to which I am pleading guilty is a jail sentence of 90 days and a fine of up to $1,000.00.
6. RIGHT TO AN ATTORNEY. I understand that I have the right to be represented
by an attorney and that an attorney will be appointed to represent me without cost to me if I
cannot afford to pay for an attorney.
7. I have fully discussed the charges, my constitutional rights, and this Petition with
my attorney, Alexander W. Rogosheske.
8. I understand that I also have the following constitutional rights which I knowingly
and voluntarily give up:
a. The right to a trial to the court or to a jury in which I am presumed

innocent until proven guilty beyond a reasonable doubt and in which all
jurors in a jury trial must agree I am guilty before the jury could find me
guilty.
b. The right to confront and cross-examine all witnesses against me.
c. The right to remain silent or to testify for myself.
d. The right to subpoena and present witnesses to testify for me in my

defense.
e. The right to a pretrial hearing to contest the admissibility at trial of any

confessions or admissions or of any evidence obtained from a search and
seizure.
9. That I am entering my plea of guilty freely and voluntarily and without any
promises except as indicated in number 10 below.
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10. On plea to Count 3: 4th Degree DWI, with all other charges dismissed, I will
receive a Stay of Execution of Sentence, with 89 days stayed (with credit for 1 day served) be on
unsupervised probation for up to 2 years, complete a chemical dependency evaluation
(Completed and verification provided to the State) and follow the recommendations (currently
following the recommendations of inpatient treatment at Hazelden), attend a MADD Victim
Impact Panel (Completed and verification provided to the State), have no same or similar, remain
law abiding, no driving without a valid license and insurance, no drinking and driving and
subject to random searches and testing upon suspicion of consumption and pay a fine of $400.00,
plus surcharge of $85.00.
11. I understand that because of this conviction, if I am convicted in the future of a
subsequent impaired driving offense, I could be subject to the following increased penalties,
license plate impoundment, or vehicle forfeiture:
INCREASED PENALTIES:
Second offense in 10 years: Minimum 30 days jail executed with at least 48 hours
consecutive, or 8 hours of community service in lieu of each day in jail.
Third offense in 10 years: Minimum 90 days jail executed with at least 30 days
consecutive, or 6 days in jail and a DWI program of intensive supervision (e.g., Safe Streets).
Fourth offense in 10 years: Minimum 180 days jail executed with at least 30 days
consecutive before EHM, or 6 days in jail and a DWI program of intensive supervision.
Fifth offense in 10 years: Minimum of 1 year in jail executed with at least 60 days
consecutive before EHM, or 6 days in jail and a DWI program of intensive supervision, both with
balance of the year on EHM.
IMPOUNDMENT OF PLATES:
The Commissioner of Public Safety shall issue a registration plate impoundment order
when:
1)
impoundment violation (with one prior; license disqualification or cancellation; .20 alcohol
concentration; or child under 16 in vehicle at time of offense); or
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2) a person is arrested for or charged with a plate impoundment violation of driving

without valid license which has been canceled as inimical to public safety.
VEHICLE FORFEITURE:
A motor vehicle involved in an Impaired Driving Offense is subject to forfeiture:
1) First Degree Driving While Impaired (two or more aggravating factors); or
2) Driving While Impaired when license is canceled as inimical to public safety, or

when subject to license restriction of no use or consumption of alcohol or controlled substances
-
12. I understand that if the Court does not approve this agreement I have the right to
withdraw my plea of guilty and have a trial.
13. I am not under the influence of alcohol or any drug or medication, and I am not
suffering from any mental disability or handicap in communication that makes it difficult for me
to understand my rights, the proceedings, or the charges.
14. I understand that if this plea of guilty is accepted, I have the right to be present at
the time of sentencing and to speak and to present evidence on my behalf.
15. I hereby knowingly and voluntarily give up my right to be present upon entry of
my plea and sentencing and request that the court sentence me in my absence, but according to
any plea agreement that might be contained in this petition.
Dated: ______________________
____________________________________
Matthew Thomas Grossell
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6/29/2023 8:55 AM
I, Alexander W. Rogosheske, state that I am the attorney for the Defendant in the above-
entitled action; that I personally explained the contents of the above petition to the Defendant.
Dated: _____________________
____________________________________
Alexander W. Rogosheske
APPROVED BY:
Dated: ______________________
____________________________________
Kathryn Lorsbach
Clearwater County Attorney
PETITION AND PLEA OF GUILTY ACCEPTED:
BY THE COURT:
Dated:_____________________ ____________________________________
JUDGE OF DISTRICT COURT

Petition To Enter Guilty Plea

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Petition To Enter Guilty Plea

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15-CR-23-56

Filed in Ninth Judicial District Court

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF CLEARWATER NINTH JUDICIAL DISTRICT

Plaintiff, PETITION TO ENTER

Matthew John Grossell,

TO: THE ABOVE-NAMED COURT

date of birth is October 15, 1965.

Minn. Stat. §169A.20, subdivision 1(1).

4. I am pleading guilty because on February 11, 2023, in the City of Gonvick,

5. That I understand that the maximum possible sentence of the misdemeanor

6. RIGHT TO AN ATTORNEY. I understand that I have the right to be represented

by an attorney and that an attorney will be appointed to represent me without cost to me if I

cannot afford to pay for an attorney.

my attorney, Alexander W. Rogosheske.

and voluntarily give up:

a. The right to a trial to the court or to a jury in which I am presumed

b. The right to confront and cross-examine all witnesses against me.

c. The right to remain silent or to testify for myself.

d. The right to subpoena and present witnesses to testify for me in my

e. The right to a pretrial hearing to contest the admissibility at trial of any

promises except as indicated in number 10 below.

unsupervised probation for up to 2 years, complete a chemical dependency evaluation

following the recommendations of inpatient treatment at Hazelden), attend a MADD Victim

plus surcharge of $85.00.

11. I understand that because of this conviction, if I am convicted in the future of a

license plate impoundment, or vehicle forfeiture:

2) a person is arrested for or charged with a plate impoundment violation of driving

A motor vehicle involved in an Impaired Driving Offense is subject to forfeiture:

1) First Degree Driving While Impaired (two or more aggravating factors); or

2) Driving While Impaired when license is canceled as inimical to public safety, or

withdraw my plea of guilty and have a trial.

to understand my rights, the proceedings, or the charges.

the time of sentencing and to speak and to present evidence on my behalf.

any plea agreement that might be contained in this petition.

PETITION AND PLEA OF GUILTY ACCEPTED:

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