Judge Kevin G. Ross
ORDER OPINION
Hennepin County District Court
File No. 27-CR-18-23861 Considered and decided by Bryan, Presiding Judge; Segal, Chief Judge; and Ross, Judge.
BASED ON THE FILE, RECORD, AND PROCEEDINGS, AND BECAUSE:
1. Appellant Xiaomin Cai unsuccessfully petitioned for postconviction relief, contesting her sentence after she pleaded guilty to second-degree assault and two counts of first-degree burglary.
2. We review Cai's challenge on appeal for an abuse of discretion. Andersen v. State, 940 N.W.2d 172, 177 (Minn. 2020). Cai maintains that she was entitled to a downward durational sentencing departure and makes minimal references to an ineffective-assistance-of-counsel claim.
3. We decline to address the ineffective-assistance-of-counsel claim because Cai failed to raise it during the postconviction proceeding. Roby v. State, 547 N.W.2d 354, 357 (Minn. 1996).
4. We reject her sentencing argument because she failed in the district court and again on appeal to articulate any legal justification for it. Her brief indicates that she would prefer to be deported to China instead of facing her prison sentence. She maintains only that she "believed she got too much time in prison," and she summarizes her postconviction petition as merely having "asked the district court to consider resentencing her to less time." Because Cai provides no legal argument indicating how the district court abused its discretion in sentencing her, we affirm its denial of her postconviction petition.
IT IS HEREBY ORDERED:
1. The district court's judgment is affirmed.
2. Pursuant to Minn. R. Civ. App. P. 136.01, subd. 1(c), this order opinion is nonprecedential, except as law of the case, res judicata, or collateral estoppel.
Dated: March 1, 2021
BY THE COURT
/s/_________
Judge Kevin G. Ross