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