District IV
February 5, 2014
To:
Hon. Nicholas J. Brazeau, Jr.
Circuit Court Judge
400 Market St
Wisconsin Rapids, WI 54494
Cindy Joosten
Clerk of Circuit Court
Wood County Courthouse
400 Market Street, PO Box 8095
Wisconsin Rapids, WI 54494
Susan E. Alesia
Asst. State Public Defender
P.O. Box 7862
Madison, WI 53707-7862
Craig S. Lambert
District Attorney
P. O. Box 8095
Wisconsin Rapids, WI 54494-8095
Gregory M. Weber
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Jason R. Haffenbredl
7294 Oak Road
Arpin, WI 54410-9634
You are hereby notified that the Court has entered the following opinion and order:
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State of Wisconsin v. Jason R. Haffenbredl (L.C. #2011CF494) |
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Before Lundsten, Higginbotham and Sherman, JJ.
Attorney Susan Alesia, appointed
counsel for Jason Haffenbredl, has filed a no-merit report pursuant to Wis. Stat. Rule 809.32 (2011-12)[1]
and Anders
v.
After our independent review of the record, we conclude there is no arguable merit to any issue that could be raised on appeal. We summarily affirm.
Haffenbredl pled no contest to one felony count of fleeing or eluding a traffic officer. The court withheld sentence and placed Haffenbredl on probation for eighteen months.
The no-merit report addresses whether Haffenbredl’s plea was 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 Haffenbredl 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 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 nature of the crime and Haffenbredl’s need for rehabilitation. The court did not consider improper factors, and reached a reasonable result. There is no arguable merit to this issue.
In Haffenbredl’s response letter, he appears to ask for his case to be reviewed and reduced from a felony charge within a few years. He does not suggest, and we are not aware of, any legal mechanism for that to happen. He also states that he does not believe he should permanently lose his right to own firearms. However, that is the effect of current law. See State v. Pocian, 2012 WI App 58, ¶¶7-12, 341 Wis. 2d 380, 814 N.W.2d 894.
Our review of the record discloses no other potential issues for appeal.
Therefore,
IT IS ORDERED that the judgment of conviction is summarily affirmed. See Wis. Stat. Rule 809.21.
IT IS FURTHER ORDERED that Attorney Alesia is relieved of further representation of Haffenbredl in this matter. See Wis. Stat. Rule 809.32(3).
Diane M. Fremgen
Clerk of Court of Appeals