District II
August 16, 2013
To:
Hon. Robert J. Wirtz
Circuit Court Judge
Fond du Lac County Courthouse
160 South Macy Street
Fond du Lac, WI 54935
Ramona Geib
Clerk of Circuit Court
Fond du Lac County Courthouse
160 South Macy Street
Fond du Lac, WI 54935
Timothy T. O’Connell
O’Connell Law Office
403 S. Jefferson St.
Green Bay, WI 54301
Eric Toney
District Attorney
Fond du Lac County
160 South Macy Street
Fond du Lac, WI 54935
Gregory M. Weber
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Luis A. Rivera 428558
Green Bay Corr. Inst.
P.O. Box 19033
Green Bay, WI 54307-9033
You are hereby notified that the Court has entered the following opinion and order:
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2013AP1000-CRNM |
State of Wisconsin v. Luis A. Rivera (L.C. #2011CF469) State of Wisconsin v. Luis A. Rivera (L.C. # 2012CF147) |
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Before Brown, C.J., Reilly, and Gundrum, JJ.
Luis Rivera appeals from judgments of conviction for theft from a person, robbery with threat of force, and retail theft as a party to the crime, and from an order denying his postconviction motion to be declared eligible for the earned release and challenge incarceration programs. His appointed appellate counsel, Attorney Timothy O’Connell, filed a no-merit report under Wis. Stat. Rule 809.32 (2011-12).[1] A July 23, 2013 order required Attorney O’Connell to file a supplemental no-merit report addressing whether there was arguable merit to Rivera’s claim that his plea was not knowingly and voluntarily entered. In response Attorney O’Connell moves for dismissal of the appeal so he may file an additional postconviction motion. Consequently, the no-merit report is rejected and the appeal is dismissed with an extension of time for filing a postconviction motion.
Upon the foregoing reasons,
IT IS ORDERED that the no-merit report is rejected and Attorney Timothy O’Connell’s motion to be relieved of further representation of Luis Rivera is denied.
IT IS FURTHER ORDERED that these no-merit appeals are dismissed without prejudice.
IT IS FURTHER ORDERED that the time for filing a postconviction motion under Wis. Stat. Rule 809.30(2)(h) is extended to September 16, 2013. See Wis. Stat. Rule 809.82(2)(a).
Diane M. Fremgen
Clerk of Court of Appeals