District I

 


September 26, 2013 


To:


Hon. Jean A. DiMotto

Circuit Court Judge

Milwaukee County Courthouse, # 401

901 N. 9th St.

Milwaukee, WI 53233-1425

 

John Barrett

Clerk of Circuit Court

Room 114

821 W. State Street

Milwaukee, WI 53233

 

Karen A. Loebel

Asst. District Attorney

821 W. State St.

Milwaukee, WI 53233
Randall E. Paulson

Asst. State Public Defender

735 N. Water St., #912

Milwaukee, WI 53202-4116

 

Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

 

Brion A. Nash 00503675

Wisconsin Secure Program Facility

P.O. Box 9900

Boscobel, WI 53805-9900


 

You are hereby notified that the Court has entered the following opinion and order: 

 

 

 

 

 

 

 

2013AP867-CRNM

State of Wisconsin v. Brion A. Nash (L.C. #2012CF321)

 

 

 


Before Curley, P.J.  

By order dated August 23, 2013, this court directed Attorney Randall E. Paulson to file a supplemental no-merit report on behalf of Brion A. Nash.  The court, upon its independent review of the record, had identified a potential issue of arguable merit relating to the restitution award.  Counsel has discussed the issue with Nash, who wishes to pursue it, and counsel agrees that the issue has arguable merit.  Counsel now moves to dismiss the appeal and seeks an extension of time for filing a postconviction motion in order to address the potential issue.


 

Upon the foregoing,

IT IS ORDERED that the no-merit report in appeal No. 2013AP867-CRNM is rejected and the appeal is dismissed without prejudice.  See McCoy v. Court of Appeals, 486 U.S. 429, 437 (1988).

IT IS FURTHER ORDERED that the deadline for filing a postconviction motion or notice of appeal in Milwaukee County Circuit Court case No. 2012CF321 is extended to November 25, 2013.


 

Diane M. Fremgen

Clerk of Court of Appeals