District I

 


October 11, 2013 


To:


Hon. Ellen R. Brostrom

Milwaukee County Circuit Court

821 W. State Street

Milwaukee, WI  53233

 

John Barrett, Clerk

Milwaukee County Circuit Court

821 W. State Street, Room 114

Milwaukee, WI  53233

 

Karen A. Loebel

Asst. District Attorney

821 W. State Street

Milwaukee, WI  53233

 

Hannah Blair Schieber

Assistant State Public Defender

735 N. Water Street, Ste. 912

Milwaukee, WI  53202-4105

 


Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI  53707-7857

 

John Francis Sanford, #44280

Redgranite Correctional Inst.

P.O. Box 925

Redgranite, WI  54970-0925

 

 


 

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

 

 

 

 

 

 

 

2013AP723-CRNM

State of Wisconsin v. John Francis Sanford

(L.C. #2011CF5500)

 

 

 


Before Curley, P.J.   

John Francis Sanford appeals from a judgment of conviction, entered upon his guilty pleas, for one count of child abuse (intentionally causing harm) and one count of false imprisonment, in violation of Wis. Stat. §§ 948.03(2)(b) & 940.30 (2011-12).[1]  Appellate counsel, Assistant State Public Defender Hannah B. Schieber, has filed a no-merit report pursuant to Anders v. California, 386 U.S. 738 (1967), and Wis. Stat. Rule 809.32, to which Sanford has not responded.  We independently reviewed the record and the no-merit report.  On September 13, 2013, we directed counsel to file a supplemental no-merit report addressing a DNA surcharge issue.  We indicated that in the alternative, Attorney Schieber could file a motion seeking to dismiss the no-merit appeal and to extend the deadline for filing a postconviction motion.

On October 9, 2013, Attorney Schieber filed a motion to dismiss the no-merit appeal and extend the deadline for filing a postconviction motion.  The motion states that Attorney Schieber “has considered this [DNA surcharge] issue and had further consultation with Mr. Sanford.  Undersigned counsel now believes that at this point this issue has arguable merit, and has conveyed this analysis to Mr. Sanford.”  Attorney Schieber further advises that Sanford has instructed her to move to dismiss the appeal and request an extension to file a postconviction motion concerning the circuit court’s imposition of the DNA surcharge.  Attorney Schieber asks that we extend her deadline for filing a postconviction motion to November 8, 2013.  Because a no-merit report is only appropriate if counsel is convinced that an appeal would be wholly frivolous, McCoy v. Court of Appeals, 486 U.S. 429, 437 (1988), this court will grant the motion.

Therefore,

IT IS ORDERED that the no-merit report in appeal No. 2013AP723-CRNM is rejected and the appeal is dismissed without prejudice.

IT IS FURTHER ORDERED that the deadline for Assistant State Public Defender Hannah B. Schieber to file a postconviction motion on Sanford’s behalf is extended November 8, 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.