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: 

 

 

 

 

 

 

 

2013AP999-CRNM

2013AP1000-CRNM

State of Wisconsin v. Luis A. Rivera (L.C. #2011CF469)

State of Wisconsin v. Luis A. Rivera (L.C. # 2012CF147)

 

 

 


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

 



[1]  All references to the Wisconsin Statutes are to the 2011-12 version unless otherwise noted.