District IV

 


December 19, 2014 


To:


Hon. Michael J. Rosborough

Circuit Court Judge

Vernon County Courthouse

400 Courthouse Square, Ste. 115

Viroqua, WI  54665

 

Stacy Kleist

Clerk of Circuit Court

Richland County Courthouse

181 W. Seminary St.

Richland Center, WI  53581

 

Steven D. Grunder

Asst. State Public Defender

P.O. Box 7862

Madison, WI  53707-7862
Jennifer Alleman Harper

District Attorney

181 W. Seminary Street

Richland Center, WI  53581-2356

 

Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI  53707-7857

 

Jerry M. Campbell 420621

Stanley Corr. Inst.

100 Corrections Drive

Stanley, WI  54768


 

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

 

 

 

 

 

 

 

2013AP2857-CRNM

State of Wisconsin v. Jerry M. Campbell (L.C. #2010CF6)

 

 

 


Before Lundsten, Higginbotham and Kloppenburg, JJ.

Attorney Steven Grunder, appointed counsel for Jerry Campbell, 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 Campbell with a copy of the report, and both counsel and this court advised him of his right to file a response.  Campbell has not responded.  After our independent review of the record, we conclude that there is no arguable merit to any issue that could be raised on appeal.

In 2010, Campbell pled no contest to one count of felon in possession of a firearm.  The court originally withheld sentence and placed Campbell on probation.  Campbell’s probation was later revoked, and he was returned to court for sentencing.  The court imposed a sentence of two years of initial confinement and one year of extended supervision. 

An appeal from sentencing after revocation of probation does not bring before us the original judgment of conviction unless the appellant shows good cause to extend the time to appeal from that judgment under Wis. Stat. Rule 809.82(2).  See State v. Drake, 184 Wis. 2d 396, 399, 515 N.W.2d 923 (Ct. App. 1994).  No good cause appears in the record to extend Campbell’s time to appeal from the original judgment of conviction, and therefore only issues related to sentencing are now before us.

The no-merit report addresses whether the sentencing 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 Steven Grunder is relieved of further representation of Jerry Campbell in this matter.  See Wis. Stat. Rule 809.32(3).


 

Diane M. Fremgen

Clerk of Court of Appeals

 



[1]  All references to the Wisconsin Statutes are to the 2011-12 version unless otherwise noted.