District II
July 9, 2014
To:
Hon. Anthony G. Milisauskas
Circuit Court Judge
Kenosha County Courthouse
912 56th Street
Kenosha, WI 53140
Rebecca Matoska-Mentink
Clerk of Circuit Court
Kenosha County Courthouse
912 56th Street
Kenosha, WI 53140
Colleen Marion
Asst. State Public Defender
735 N. Water Street, #912
Milwaukee, WI 53203
Gregory M. Weber
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Robert D. Zapf
District Attorney
Molinaro Bldg.
912 56th Street
Kenosha, WI 53140-3747
James C. Banks
2811 63rd Street
Kenosha, WI 53143-4339
You are hereby notified that the Court has entered the following opinion and order:
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State of Wisconsin v. James C. Banks (L.C. # 2013CM818) |
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Before Neubauer, P.J.[1]
James Banks appeals from a judgment convicting him of disorderly conduct contrary to Wis. Stat. § 947.01(1) (2011-12) as a repeat offender. Banks’ appellate counsel filed a no-merit report pursuant to Wis. Stat. Rule 809.32 and Anders v. California, 386 U.S. 738 (1967). Banks received a copy of the report and was advised of his right to file a response. He has not done so. Upon consideration of the report and an independent review of the record as mandated by Anders and Rule 809.32, we summarily affirm the judgment because there are no issues that would have arguable merit for appeal. Wis. Stat. Rule 809.21.
The no-merit report addresses the following possible appellate issues: (1) whether Banks’ guilty plea was knowingly, voluntarily, and intelligently entered and had a factual basis and (2) whether the circuit court misused its sentencing discretion. We agree with appellate counsel that these issues do not have arguable merit for appeal.
With regard to the entry of his
guilty plea, Banks answered questions about the plea and his understanding of
his constitutional rights during a colloquy with the circuit court that
complied with State v. Hoppe, 2009 WI 41, ¶18, 317 Wis. 2d 161, 765
N.W.2d 794. The record discloses that
Banks’ guilty plea was knowingly, voluntarily, and intelligently entered, State
v. Bangert, 131 Wis. 2d 246, 260, 389 N.W.2d 12 (1986), and that
it had a factual basis, State v. Harrington, 181 Wis. 2d
985, 989, 512 N.W.2d 261 (Ct. App. 1994).
Additionally, the plea questionnaire and waiver of rights form Banks
signed is competent evidence of knowing and voluntary pleas. State v. Moederndorfer, 141
With regard to the sentence, the
record reveals that the sentencing court’s discretionary decision had a
“rational and explainable basis.” State
v. Gallion, 2004 WI 42, ¶76, 270 Wis. 2d 535, 678 N.W.2d 197
(citation omitted). The court adequately
discussed the facts and factors relevant to sentencing Banks to a $100 fine
plus court costs. In fashioning the
sentence, the court considered the seriousness of the offense and Banks’
current status on extended supervision. State
v. Ziegler, 2006 WI App 49, ¶23, 289
In addition to the issues discussed above, we have independently reviewed the record. Our independent review of the record did not disclose any potentially meritorious issue for appeal. Because we conclude that there would be no arguable merit to any issue that could be raised on appeal, we accept the no-merit report, affirm the judgment of conviction, and relieve Attorney Colleen Marion of further representation of Banks in this matter.
Upon the foregoing reasons,
IT IS ORDERED that the judgment of the circuit court is summarily affirmed pursuant to Wis. Stat. Rule 809.21.
IT IS FURTHER ORDERED that Attorney Colleen Marion is relieved of further representation of James Banks in this matter.
Diane M. Fremgen
Clerk of Court of Appeals
[1] This appeal is decided by one judge pursuant to Wis. Stat. § 752.31(2). All references to the Wisconsin Statutes are to the 2011-12 version unless otherwise noted.