District I

August 15, 2014

To:

Hon. Michael Guolee

Circuit Court Judge

Safety Building

821 W. State St.

Milwaukee, WI 53233-1427

John Barrett

Clerk of Circuit Court

Room 114

821 W. State Street

Milwaukee, WI 53233

Russell D. Bohach

The Gettelman Mansion

2929 W. Highland Blvd.

Milwaukee, WI 53208
Karen A. Loebel

Asst. District Attorney

821 W. State St.

Milwaukee, WI 53233

Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

Jahquion Seth Gee 598757

Racine Corr. Inst.

P.O. Box 900

Sturtevant, WI 53177-0900

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

2014AP257-CRNM

State of Wisconsin v. Jahquion Seth Gee (L.C. #2012CF3810)

Before Curley, P.J.

By order dated July 14, 2014, this court directed Attorney Russell D. Bohach, appellate counsel for Jahquion Seth Gee, to file a supplemental no-merit report in this matter. Attorney Bohach now indicates that, in his view, the case may present an arguably meritorious issue. Counsel therefore seeks voluntary dismissal of the no-merit appeal and an extension of the deadline for pursuing postconviction relief in the circuit court. A no-merit proceeding is appropriate only if counsel is convinced that an appeal would be wholly frivolous. McCoy v. Court of Appeals, 486 U.S. 429, 437 (1988). Accordingly, the court will grant the motion.

IT IS ORDERED that the no-merit report is rejected and this appeal is dismissed without prejudice.

IT IS FURTHER ORDERED that the deadline for filing a postconviction motion or notice of appeal is extended through October 3, 2014. See Wis. Stat. Rule 809.82(2)(a)
(2011-12).

Diane M. Fremgen

Clerk of Court of Appeals