District IV

 

January 31, 2014 


To:

Hon. Randy R. Koschnick

Circuit Court Judge

Jefferson County Courthouse

320 S. Main Street

Jefferson, WI  53549

 

Carla Robinson

Clerk of Circuit Court

Jefferson County Courthouse

320 S. Main Street

Jefferson, WI  53549

 

Farheen M. Ansari

AF Law

P. O. Box 8822

Madison, WI  53708-8822
Susan V. Happ

District Attorney

311 S. Center Ave., Rm. 225

Jefferson, WI  53549-1718

 

Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI  53707-7857

 

Jackie L. Fowler

6901 Lakeview

Corpus Christi, TX  78412

 

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

 

 

 

 

 

 

 

2013AP29-CRNM

2013AP30-CRNM

2013AP31-CRNM

2013AP32-CRNM

2013AP33-CRNM

2013AP34-CRNM

State of Wisconsin v. Jackie L. Fowler (L.C. #2011CM318)

State of Wisconsin v. Jackie L. Fowler (L.C. #2012CM50)

State of Wisconsin v. Jackie L. Fowler (L.C. #2012CM102)

State of Wisconsin v. Jackie L. Fowler (L.C. #2012CM128)

State of Wisconsin v. Jackie L. Fowler (L.C. #2012CM146)

State of Wisconsin v. Jackie L. Fowler (L.C. #2012CM148)

 

 

 

Before Blanchard, P.J.[1]

Attorney Farheen Ansari, appointed counsel for Jackie Fowler, has filed a no-merit report pursuant to Anders v. California, 386 U.S. 738 (1967) and Wis. Stat. Rule 809.32.  Counsel provided Fowler with a copy of the report, and both counsel and this court advised him of his right to file a response.  Fowler has not responded.  I conclude that these cases are appropriate for summary disposition.  See Wis. Stat. Rule 809.21(1).  After my independent review of the records, I conclude there is no arguable merit to any issue that could be raised on appeal.

As part of a plea agreement, Fowler pled no contest to three counts of disorderly conduct, four misdemeanor counts of bail jumping, and one misdemeanor count of battery.  The court imposed consecutive sentences of thirty days in jail on each count. 

The no-merit report addresses whether Fowler’s pleas were entered knowingly, voluntarily, and intelligently.  The plea colloquy sufficiently complied with the requirements of State v. Bangert, 131 Wis. 2d 246, 255-73, 389 N.W.2d 12 (1986) and Wis. Stat. § 971.08 relating to the nature of the charge, the rights Fowler was waiving, and other matters.  The record shows no other ground to withdraw the plea.  There is no arguable merit to this issue.

The no-merit report also addresses whether the court erroneously exercised its sentencing discretion.  The standards for the circuit court and this court on sentencing issues are well established and need not be repeated here.  See State v. Gallion, 2004 WI 42, ¶¶17-51, 270 Wis. 2d 535, 678 N.W.2d 197.  In this case, the court considered appropriate factors such as the need for punishment, the inappropriateness of probation, Fowler’s remorse and health problems, and Fowler’s need for treatment.  The court did not consider improper factors, and reached a reasonable result.  There is no arguable merit to this issue.

My review of the record discloses no other potential issues for appeal. 

No conviction was entered in the case underlying appeal No. 2013AP30-CRNM, and therefore no appeal is possible in that case.  I dismiss that appeal.

Therefore,

IT IS ORDERED that appeal No. 2013AP30-CRNM is dismissed because there is no conviction to appeal from.

IT IS FURTHER ORDERED that, as to the other appeals, the judgments of conviction are summarily affirmed.  See Wis. Stat. Rule 809.21(1).

IT IS FURTHER ORDERED that Attorney Ansari is relieved of further representation of Fowler in this matter.  See Wis. Stat. Rule 809.32(3).


 

Diane M. Fremgen

Clerk of Court of Appeals

 


[1]  This appeal is decided by one judge pursuant to Wis. Stat. § 752.31(2)(f) (2011-12).  All references to the Wisconsin Statutes are to the 2011-12 version unless otherwise noted.