(dissenting).
I respectfully dissent. I would affirm the district court’s denial of Leake’s post-conviction petition on all grounds, including the claim of ineffective assistance of appellate counsel. As to the latter, I would (1) reframe the issue as being whether appellate counsel was ineffective in failing to argue on direct appeal that trial counsel was ineffective in advising Leake on the plea offer; and (2) determine that Leake has not alleged sufficient facts to show that appellate counsel’s representation fell below an objective standard of reasonableness.
A. Framing the Issue of Ineffective Assistance of Appellate Counsel.
Because any claim of the ineffective assistance of trial counsel regarding the plea offer could have been adjudicated on the basis of the trial record, it is Knaffla barred and cannot be brought as a direct claim by postconviction petition. Such a claim can only survive in a postconviction proceeding as an indirect claim encompassed within Leake’s claim of ineffective assistance of appellate counsel. This means that the issue raised by Leake’s postconviction petition is whether appellate counsel’s failure to argue on direct appeal the ineffective assistance of trial counsel *544regarding the plea offer fell below an objective standard of reasonableness.
Although that issue includes the underlying question of whether trial counsel was ineffective in advising Leake on the plea offer, the answer to that underlying question does not necessarily end the inquiry because appellate counsel may have had legitimate reasons of appellate strategy to not argue that underlying question. For example, appellate counsel on direct appeal sought to obtain a judgment of acquittal for insufficient evidence, a new trial for inconsistent verdicts or prosecutorial misconduct, or elimination of the sentencing enhancement factor found by the sentencing court. Appellate counsel did not seek to reinstate the state’s plea offer and may have concluded that an effort to do so would weaken the challenges to the conviction.
Further, to substantiate this claim for ineffective assistance of appellate counsel, Leake must show that “the result would have been different.” Wilson v. State, 582 N.W.2d 882, 885 (Minn.1998). Thus, in addition to showing that appellate counsel was ineffective, Leake must show that:
1. If the issue of the ineffective assistance of trial counsel had been raised on direct appeal, it would have been successful in obtaining a remand.
2. On remand, Leake would be able to show that trial counsel was ineffective in failing to give or in giving incorrect advice on the plea offer and that, if trial counsel had been effective, he would have accepted the offer and entered a plea of guilty.
B. Did Leake Allege Facts Showing Appellate Counsel’s Representation to be Ineffective?
Leake’s postconviction petition does not allege any facts, but only alleges conclusions. The petition does not specifically claim ineffective assistance of appellate counsel and only makes the following vague allegation: “Sentencing court erred when it sentenced petitioner in lieu of attorney-client conflicts and denied effective assistance of counsel.”
In a memorandum submitted with the postconvietion petition, Leake argued several instances of alleged ineffective assistance of trial counsel concerning the conduct of the trial and, as relevant to the issue here, argued:
Trial counsel’s failure to inform the petitioner of all ramifications that attached to rejecting states plea offer, thus taking away petitioners right to choice and make an informed decision. (T.p.209-11). The state offered the petitioner a sentence of “life (30 years) with the possibility of parole” in exchange for a guilty plea of first-degree murder. The state also offered to run the petitioners probation violation concurrent with the sentence, as opposed to consecutive. The trial court stated that if petitioner were found guilty of first-degree murder, he would have no choice but to sentence petitioner to life in prison, plus the probation violation sentence (which only added up to thirty months). Petitioner then was erroneously informed by trial counsel that he had two choices: 1) plead guilty to first-degree murder and be sentenced to life in prison with the possibility of parole, or 2) risk going to trial, being found guilty of first-degree murder and sentenced to life in prison plus the probation violation sentence (thirty months). Trial counsel did not inform petitioner that due to his prior convictions, a sentence of life with out the possibility of parole was available nor ask the state would they even consider this option. If this option would *545have been available to the petitioner during plea negotiations, there is a reasonable probability that the petitioner would not have proceeded with trial and accepted offer.
Leake did not allege any facts to identify what the objective standard of reasonableness would be for trial counsel under these facts. He did not present any expert opinion about what that standard would be or that trial counsel’s representation fell below it. He did not allege that, if properly advised, he would have accepted the plea offer and entered a plea of guilty.
Further, Leake did not allege that appellate counsel was ineffective for not arguing on direct appeal this aspect of trial counsel’s representation. Instead, Leake’s only arguments about appellate counsel concerned such counsel’s failure to argue a violation of Leake’s “right to be present at every stage of trial”; failure to inform Leake of all procedural options regarding the due date for his pro se brief; failure to argue ineffective assistance of trial counsel in connection with the trial judge’s alleged ex parte communication with jurors; failure to raise a Brady violation and denial of due process claim based on the state’s failure to disclose deals made with trial witnesses; and failure to raise arguments regarding Leake’s “spousal privilege.” Leake did not allege any facts to show what the objective standard of reasonableness would be to judge the effectiveness of appellate counsel’s selection of the issues to argue on direct appeal, or that appellate counsel’s representation fell below that standard. Likewise, Leake did not present any expert opinion about what that standard would be or that appellate counsel violated the standard.
On this postconviction record, I would conclude that Leake has not alleged sufficient facts to warrant an evidentiary hearing on this claim of the ineffective assistance of appellate counsel.
MEYER, Justice (dissenting).I join in the dissent of Justice Hanson.
GILDEA, Justice (dissenting).I join in the dissent of Justice Hanson.