STRAS, Justice.
Appellant Michael Wayne appeals the postconviction court's denial of a request that he formally styled as a "Motion for Correction of Sentence" under Minn. R.Crim. P. 27.03, subd. 9. Because the postconviction court did not err in treating Wayne's request as a petition for postconviction relief and Wayne filed his request after the 2-year postconviction statute of limitations had expired, we affirm.
In 1987, following a jury trial, the district court convicted appellant Michael Wayne of the offense of first-degree murder
In November 2014, Wayne brought a motion to correct his sentence under Minn. R.Crim. P. 27.03, subd. 9. The postconviction court treated Wayne's motion as a petition for postconviction relief and denied it for, among other reasons, his failure to file it until after the 2-year postconviction statute of limitations, Minn.Stat. § 590.01, subd. 4(a) (2014), had expired. Wayne appeals the postconviction court's decision to deny relief.
The outcome of this appeal hinges on how to classify Wayne's "Motion for Correction of Sentence." The premise of Wayne's motion was that the district court erred at trial when it failed to instruct the jury on the lesser-included offense of criminal sexual conduct, which he claims eventually led to the imposition of a longer sentence than he deserved. In Wayne's view, the alleged error gave rise to a sentence that was "not authorized by law," rendering him eligible for relief under Rule 27.03, subdivision 9, which allows a court to correct an unlawful sentence "at any time."
The postconviction court viewed Wayne's motion differently, characterizing it as a claim "relate[d] to the manner in which he was convicted — and not the manner in which he was sentenced." The court denied the motion because Wayne could not evade the postconviction statute's requirements, including the statute of limitations, simply by placing a different label on his pleading.
A person who brings what is, in substance, a challenge to a criminal conviction cannot use Rule 27.03, subdivision 9, to circumvent the procedural requirements of the postconviction statute. The "exclusive remedy for review" of a conviction "is... a proceeding for postconviction relief, not ... a proceeding to correct a sentence under Rule 27.03, subd. 9." Johnson v. State, 801 N.W.2d 173, 176 (Minn.2011). Indeed, "the plain language of Rule 27.03 is limited to sentences, and the court's authority under the rule is restricted to modifying a sentence." State v. Coles, 862 N.W.2d 477, 480 (Minn.2015). Accordingly, if Wayne's claim of instructional error is broad enough to "implicate[ ] more than simply his sentence," the postconviction court did not err in treating Wayne's motion as a petition for relief under the postconviction statute.
The only remaining question is whether the postconviction court erred when it denied Wayne's petition on the ground that he failed to timely file it. We review the denial of postconviction relief, including a denial for lack of compliance with the postconviction statute of limitations, for an abuse of discretion. See Greer v. State, 836 N.W.2d 520, 522 (Minn. 2013). A petition for postconviction relief must be filed no "more than two years after the later of: (1) the entry of judgment of conviction or sentence if no direct appeal is filed; or (2) an appellate court's disposition of petitioner's direct appeal." Minn.Stat. § 590.01, subd. 4(a). However, "[a]ny person whose conviction became final before August 1, 2005," the statute's effective date, must have filed his or her petition no later than August 1, 2007. Act of June 2, 2005, ch. 136, art. 14, § 13, 2005 Minn. Laws 901, 1097-98.
Wayne's conviction became final in February 1990, 90 days after we decided his direct appeal. See Berkovitz v. State, 826 N.W.2d 203, 207 (Minn.2013). Therefore, according to the 2005 Act, Wayne had until August 1, 2007 to file his petition for postconviction relief. He did not file the present petition, his eighth, until more than 7 years after that deadline had passed. His petition did not mention, much less invoke, any of the exceptions to the postconviction statute of limitations. See Minn.Stat. § 590.01, subd. 4(b) (2014). On this record, therefore, the postconviction court did not abuse its discretion when it denied relief to Wayne.
For the foregoing reasons, we conclude that the postconviction court did not err when it denied Wayne's eighth petition for postconviction relief.
Affirmed.