District IV
April 25, 2014
To:
Hon. Mark L. Goodman
Circuit Court Judge, Branch II
Monroe County Courthouse
112 S. Court Street
Sparta, WI 54656
Jan Moennig
Clerk of Circuit Court
Jackson County Courthouse
307 Main Street
Black River Falls, WI 54615-1776
Gerald R. Fox
District Attorney
Jackson County Courthouse
307 Main St.
Black River Falls, WI 54615-1744
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
Aaron D. Powers 478379
Green Bay Corr. Inst.
P.O. Box 19033
Green Bay, WI 54307-9033
You are hereby notified that the Court has entered the following opinion and order:
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State of Wisconsin v. Aaron D. Powers (L.C. # 2010CF188) |
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Before Blanchard, P.J., Lundsten and Sherman, JJ.
Attorney Eileen Hirsch, appointed
counsel for Aaron Powers, has filed a no-merit report pursuant to Wis. Stat. Rule 809.32 (2011-12)[1]
and Anders
v.
Powers pled guilty to one count of first-degree reckless homicide and one count of operating a motor vehicle without the owner’s consent. The court imposed maximum consecutive sentences on each count, for a total of forty-three years of initial confinement and twenty-three years of extended supervision.
The no-merit report addresses whether Powers’ pleas were entered knowingly, voluntarily, and intelligently. The plea colloquy sufficiently complied with the requirements of State v. Bangert, 131 Wis. 2d 246, 255-72, 389 N.W.2d 12 (1986), and Wis. Stat. § 971.08 relating to the nature of the charge, the rights Powers 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 erred in denying Powers’ motion to withdraw his pleas before sentencing. The court made findings of fact, applied the correct legal standard, and reached a reasonable decision. There is no arguable merit to this issue.
The no-merit report addresses whether the circuit 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, 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 Eileen Hirsch is relieved of further representation of Aaron Powers in this matter. See Wis. Stat. Rule 809.32(3).
Diane M. Fremgen
Clerk of Court of Appeals