District I
November 8, 2013
To:
Hon. Kevin E. Martens
Circuit Court Judge
Safety Building Courtroom, # 502
821 W. State Street
Milwaukee, WI 53233-1427
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
Hannah Blair Schieber
Assistant State Public Defender
735 N. Water St., Ste. 912
Milwaukee, WI 53202-4105
Gregory M. Weber
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Arlo E. Enoch 513558
Racine Youthful Offender Corr. Facility
P.O. Box 2500
Racine, WI 53404-2500
You are hereby notified that the Court has entered the following opinion and order:
|
|
|
|
|
|
|
|
|
|
State of Wisconsin v. Arlo E. Enoch (L.C. #2010CF44) |
|
|
|
|
|
By order dated October 18, 2013, this court directed Attorney Hannah B. Schieber, appellate counsel for Arlo E. Enoch, to file a supplemental no-merit report regarding the DNA surcharge imposed in this matter. Counsel has responded, advising that she has concluded that the issue is arguably meritorious. Counsel therefore seeks voluntary dismissal of the no-merit appeal and an extension of the deadline for seeking postconviction relief in the circuit court. A no-merit proceeding is appropriate only if counsel is convinced that an appeal would be wholly frivolous. McCoy v. Court of Appeals, 486 U.S. 429, 437 (1988). Accordingly, the court will grant the motion.
IT IS ORDERED that the no-merit report is rejected and this appeal is dismissed without prejudice.
IT IS FURTHER ORDERED that the deadline for filing a postconviction motion or notice of appeal is extended through December 23, 2013. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
Diane M. Fremgen
Clerk of Court of Appeals