District IV

 

January 12, 2015 


To:

Hon. Michael R. Fitzpatrick

Circuit Court Judge

51 S. Main Street

Janesville, WI 53545

 

Eldred Mielke

Clerk of Circuit Court

Rock Co. Courthouse

51 S. Main Street

Janesville, WI 53545

 

Eileen A. Hirsch

Asst. State Public Defender

P.O. Box 7862

Madison, WI 53707-7862
Mark M. Jahnke

Asst. District Attorney

51 S. Main St.

Janesville, WI 53545

 

Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

 

Jamie Lloyd Grigsby 334581

Prairie Du Chien Corr. Inst.

P.O. Box 9900

Prairie du Chien, WI 53821

 

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

 

 

 

 

 

 

 

2013AP1977-CRNM

2013AP1978-CRNM

State of Wisconsin v. Jamie Lloyd Grigsby (L.C. #2010CF610)

State of Wisconsin v. Jamie Lloyd Grigsby (L.C. #2010CF611)

 

 

 

 

Before Lundsten, Sherman and Kloppenburg, JJ.

Attorney Eileen Hirsch, appointed counsel for Jamie Lloyd Grigsby, 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 Grigsby with a copy of the report, and both counsel and this court advised him of his right to file a response.  Grigsby has not responded.  We conclude that these cases are appropriate for summary disposition.  See Wis. Stat. Rule 809.21.  After our independent review of the records, we conclude there is no arguable merit to any issue that could be raised on appeal.

In 2010, Grigsby pled guilty to one count of maintaining a drug trafficking place, guilty to two felony counts of possession of a controlled substance with intent to deliver, no contest to one misdemeanor count of possession of a controlled substance, and no contest to one misdemeanor count of possession of drug paraphernalia.  The court originally withheld sentence and placed Grigsby on probation for all counts.  His probation was later revoked and he was returned to court for sentencing.  On the felony counts the court imposed three consecutive terms of eighteen months of initial confinement and two years of extended supervision.  The court imposed lesser concurrent sentences on the misdemeanors. 

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 the original 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 Grigsby’s time to appeal from the original judgments of conviction, and therefore only issues related to sentencing are before us now.

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 records discloses no other potential issues for appeal. 

Therefore,

IT IS ORDERED that the judgments of conviction are summarily affirmed.  See Wis. Stat. Rule 809.21.

IT IS FURTHER ORDERED that Attorney Hirsch is relieved of further representation of Grigsby in these matters.  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.