District III

 


March 24, 2015 


To:


Hon. Timothy A. Hinkfuss

Circuit Court Judge

Brown County Courthouse

100 S. Jefferson St.,P.O. Box 23600

Green Bay, WI 54305-3600

 

John VanderLeest

Clerk of Circuit Court

Brown County Courthouse

P.O. Box 23600

Green Bay, WI 54305-3600

 

Joseph N. Ehmann

First Asst. State Public Defender

P.O. Box 7862

Madison, WI 53707-7862

 

David L. Lasee

District Attorney

P.O. Box 23600

Green Bay, WI 54305-3600

 

Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

 

Kham Reungsy 608579

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: 

 

 

 

 

 

 

 

2014AP1608-CRNM

State v. Kham Reungsy  (L. C. No. 2012CF1077)

 

 

 


Before Hoover, P.J., Stark and Hruz, JJ.

Counsel for Kham Reungsy filed a no-merit report concluding there is no basis to challenge Reungsy’s conviction for first-degree sexual assault of a child–sexual contact with a person under age thirteen, in violation of Wis. Stat. § 948.02(1)(e).[1]  Reungsy was advised of his right to respond and he responded.  Upon our independent review of the record as mandated by Anders v. California, 386 U.S. 738 (1967), we conclude there is no arguable merit to any issue that could be raised and summarily affirm the conviction.

The charge arose from babysitting the child of Reungsy’s cousin.  The circuit court ordered competency examinations, but at the competency hearing Reungsy decided not to challenge competency, and the circuit court found him competent to proceed.   Reungsy pled no contest to the sexual assault charge, and the circuit court imposed a sentence of five years’ initial confinement and seven years’ extended supervision.

With the assistance of an interpreter, the circuit court’s plea colloquy informed Reungsy of the constitutional rights he waived by pleading no contest, the elements of the offense and the potential penalty.  Reungsy was advised of the deportation consequences of his plea.  The court specifically confirmed Reungsy’s understanding that it was not bound by the parties’ agreement and could impose the maximum penalty.  An adequate factual basis in the criminal complaint supported the conclusion that Ruengsy committed the crime charged, and the record shows the plea was knowingly, voluntarily and intelligently entered.  See State v. Bangert, 131 Wis. 2d 246, 260, 389 N.W.2d 12 (1986).  A valid plea waives all nonjurisdictional defenses and defects.  State v. Lasky, 2002 WI App 126, ¶11, 254 Wis. 2d 789, 646 N.W.2d 53.

This court has been advised that Reungsy died while incarcerated and thus any issue pertaining to the court’s sentencing discretion is moot. 

Our independent review of the record discloses no other issues of arguable merit. 

Therefore,

IT IS ORDERED that the judgment of conviction is summarily affirmed.

IT IS FURTHER ORDERED that attorney Joseph Ehmann is relieved of further representation in this matter.

 

Diane M. Fremgen

Clerk of Court of Appeals

 



[1]  References to the Wisconsin Statutes are to the 2013-14 version unless otherwise noted.