COURT OF APPEALS DECISION DATED AND FILED July 22, 2008 David R. Schanker Clerk of Court of Appeals |
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This opinion is subject to further editing. If published, the official version will appear in the bound volume of the Official Reports. A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals. See Wis. Stat. § 808.10 and Rule 809.62. |
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Appeal No. |
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STATE OF WISCONSIN |
IN COURT OF APPEALS |
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DISTRICT I |
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State of Plaintiff-Respondent, v. Deng Yang, Defendant-Appellant. |
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APPEAL
from an order of the circuit court for
Before Curley, P.J., Wedemeyer and Fine, JJ.
¶1 PER CURIAM. Deng Yang appeals from an order denying his motion to annul a judgment of conviction. The issue is whether the judgment of conviction is void because it was signed by the trial court clerk, as opposed to the trial court judge. We conclude that Wis. Stat. § 972.13(4) (1997-98) authorizes the judge or the clerk of the trial court to sign a judgment of conviction.[1] Therefore, we affirm.
¶2 Yang pled guilty to first-degree intentional homicide as a party to the crime, in violation of Wis. Stat. §§ 940.01(1) and 939.05, for a 1997 shooting death. The trial court imposed the mandatory life sentence in prison for that offense, and “decline[d] to set a parole eligibility date,” leaving that determination to the Department of Corrections. See Wis. Stat. §§ 940.01(1); 939.50(3)(a). Yang did not appeal from that judgment.
¶3 In 2007, Yang moved to annul the judgment because it was
signed by the trial court clerk, as opposed to the trial court judge. The trial court denied the motion as lacking
merit, citing Wis. Stat. § 972.13(4)
and State
v. Prihoda, 2000 WI 123, ¶20, 239
¶4
¶5
By the Court.—Order affirmed.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)5. (2005-06).
[1] All references to the Wisconsin Statutes are to the 1997-98 version unless otherwise noted.
[2]
[3] In
State
v. Prihoda, 2000 WI 123, ¶20, 239