District IV
September 23, 2014
To:
Hon. Dale T. Pasell
Circuit Court Judge
LaCrosse County Courthouse
333 Vine Street
La Crosse, WI 54601
Pamela Radtke
Clerk of Circuit Court
La Crosse County Courthouse
333 Vine Street, Room 1200
La Crosse, WI 54601
John C. Bachman
John Bachman Law Office
P.O. Box 477
Eau Claire, WI 54702-0477
Gregory M. Weber
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Amesia Ngialah Xiong
Asst. District Attorney
Room 1100
333 Vine St.
La Crosse, WI 54601
Kenneth D. Pederson
1526 Kane Street
La Crosse, WI 54603-2229
You are hereby notified that the Court has entered the following opinion and order:
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2013AP1802-CRNM |
State of Wisconsin v. Kenneth D. Pederson (L.C. #2012CF370) |
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Before Lundsten, Sherman and Kloppenburg, JJ.
In our previous order in this no-merit appeal we identified two issues for counsel to review further. One of them was whether there was a proper basis for the circuit court to impose a blood draw surcharge of $25 under Wis. Stat. § 973.06(1)(j) (2011-12). The question was over the factual basis for the $25 amount. In his response, counsel states that he has concluded there is nothing in the record to support that amount. Therefore, counsel states, he moves this court to “order the prosecution to submit further evidence as to the actual cost of the blood draw.”
Because counsel has concluded there is an issue with arguable merit, this is no longer a no-merit appeal. We dismiss the appeal to allow counsel to file a motion to vacate the surcharge, or for other relief, in circuit court.
IT IS ORDERED that the no-merit report is rejected and this appeal is dismissed without prejudice.
IT IS FURTHER ORDERED that the time to file a postconviction motion is extended to thirty days from the date of this order.
Diane M. Fremgen
Clerk of Court of Appeals