CA Blank Order

Hon. Barbara H. Key

Circuit Court Judge

Winnebago County Courthouse

P.O. Box 2808

Oshkosh, WI 54903-2808

Melissa M. Konrad

Clerk of Circuit Court

Winnebago County Courthouse

P.O. Box 2808

Oshkosh, WI 54903

Erica L. Bauer

Bauer Law Offices, LLC

Zuelke Bldg., Ste. 410

103 W. College Ave.

Appleton, WI 54911

Christian A. Gossett

District Attorney

P.O. Box 2808

Oshkosh, WI 54903-2808

Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

Leslie B. Falls, #430061

New Lisbon Corr. Inst.

P.O. Box 4000

New Lisbon, WI 53950-4000

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



	2012AP2554-CRNM	State of Wisconsin v. Leslie B. Falls (L.C. #2010CF313)

Before Brown, C.J., Reilly and Gundrum, JJ.

Leslie B. Falls, by Attorney Erica L. Bauer, appealed from an amended judgment convicting him upon his no-contest plea of burglary while armed, contrary to Wis. Stat. § 943.10(2) (2011-12),[1] as party to a crime (PTAC) and as a repeater. Attorney Bauer previously filed a no-merit report pursuant to Wis. Stat. Rule 809.32 and Anders v. California, 386 U.S. 738 (1967). On December 19, 2013, this court issued an order stating that it could not conclude that a challenge to Falls’s no-contest plea would lack arguable merit.[2] We directed Attorney Bauer to evaluate the matter and discuss with Falls the prospect of filing a postconviction motion to withdraw his no-contest plea. We stated that if, after consultation with counsel, Falls wanted to file a postconviction motion, counsel should file a supplemental report or affidavit so stating.

On January 21, 2014, Attorney Bauer filed an affidavit indicating that she has discussed the potential no-merit plea challenge with Falls and that Falls stated that he wants to file a postconviction motion. Based on this discussion, counsel requests that the no-merit report be rejected, that Falls’s postconviction rights under Wis. Stat. Rule 809.30 be reinstated, and that the time for filing a postconviction motion be extended. Therefore,

IT IS ORDERED that the no-merit report is rejected and Attorney Erica L. Bauer’s motion to be relieved of further representation of Falls is denied.

IT IS FURTHER ORDERED that this no-merit appeal is 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 thirty days from the date of this order. See Wis. Stat. Rule 809.82(2)(a). Attorney Bauer shall file a postconviction motion on Falls’s behalf by thirty days from the date of this order.

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

[2] Our reasons supporting that conclusion were detailed in the December 19, 2013 order and will not be repeated here.