District IV
February 11, 2014
To:
Hon. Guy D. Reynolds
Circuit Court Judge
Sauk Co. Courthouse
515 Oak Street
Baraboo, WI 53913-0449
Vicki Meister
Clerk of Circuit Court
Sauk Co. Courthouse
515 Oak Street
Baraboo, WI 53913-0449
Kevin R. Calkins
District Attorney
515 Oak Street
Baraboo, WI 53913
Joseph N. Ehmann
First Asst. State Public Defender
P.O. Box 7862
Madison, WI 53707-7862
Eileen A. Hirsch
Asst. State Public Defender
P.O. Box 7862
Madison, WI 53707-7862
Gregory M. Weber
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Levi Seth Myrick 227468
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:
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State of Wisconsin v. Levi Seth Myrick (L.C. #2011CF139) |
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Before Blanchard, P.J., Higginbotham and Kloppenburg, JJ.
Attorney Eileen Hirsch, appointed counsel for Levi Myrick, has filed a no-merit report pursuant to Wis. Stat. Rule 809.32 (2011-12)[1] and Anders v. California, 386 U.S. 738 (1967).
Counsel provided Myrick with a copy of the report, and both counsel and this court advised him of his right to file a response. Myrick has not responded. We conclude that this case is appropriate for summary disposition. See Wis. Stat. Rule 809.21. After our independent review of the record, we conclude there is no arguable merit to any issue that could be raised on appeal.
Pursuant to a plea agreement, Myrick entered Alford[2] pleas to two counts of causing mental harm to a child. On one count, the court imposed the maximum sentence of seven years, six months of initial confinement and five years of extended supervision. On the other count, the court withheld sentence and placed Myrick on five years of probation.
Another charge in this case remains undisposed of and pending under a deferred prosecution agreement. We granted leave to appeal on the two conviction counts, to the extent those convictions may be nonfinal. Our review in this appeal does not include the undisposed of count, on which there was an Alford plea but the court withheld acceptance of the plea and withheld adjudication.
The no-merit report addresses
whether Myrick’s pleas were entered knowingly, voluntarily, and
intelligently. As to the mental harm
counts, 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 Myrick 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 Myrick’s prior record, his substance use issues, and the effect of the crime on the victim and family. The court did not consider improper factors, and reached a reasonable result. There is no arguable merit to this issue.
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 Hirsch is relieved of further representation of Myrick in this matter. See Wis. Stat. Rule 809.32(3).
Diane M. Fremgen
Clerk of Court of Appeals