CA Blank Order

Hon. James G. Pouros

Circuit Court Judge

PO Box 1986

West Bend, WI 53095

Theresa Russell

Clerk of Circuit Court

Washington County Courthouse

P.O. Box 1986

West Bend, WI 53095-1986

Mark Bensen

District Attorney

Washington County

P.O. Box 1986

West Bend, WI 53095-1986

Colleen Marion

Asst. State Public Defender

P.O. Box 7862

Madison, WI 53707-7862

Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

Jed W. Stenschke 248591

Oshkosh Corr. Inst.

P.O. Box 3310

Oshkosh, WI 54903-3310

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



	2015AP66-CRNM	State of Wisconsin v. Jed W. Stenschke (L.C. # 2012CF3)

Before Brown, C.J., Reilly, and Gundrum, JJ.

Jed W. Stenschke appeals from a judgment of conviction for armed robbery contrary to Wis. Stat. § 943.32(2) (2013-14).[1] Stenschke’s appellate counsel has filed a no-merit report pursuant to Wis. Stat. Rule 809.32 and Anders v. California, 386 U.S. 738 (1967). Stenschke received a copy of the report, was advised of his right to file a response, and has elected not to do so. Upon consideration of the report and an independent review of the record, we conclude that the judgment may be summarily affirmed because there is no arguable merit to any issue that could be raised on appeal. See Wis. Stat. Rule 809.21.

Stenschke entered a sandwich shop and demanded money while making it appear that he had a gun in his pocket. Stenschke fled in his vehicle and refused to stop when pursued by police. He eventually ran from his vehicle and was apprehended after a foot chase. He entered a no contest plea under an agreement in which the prosecution agreed not to file additional charges arising from the incident and the search of Stenschke’s vehicle. The prosecution also agreed to cap its sentencing recommendation to ten years of confinement and at sentencing it recommended eight to nine years’ initial confinement. Stenschke was sentenced to six years’ initial confinement and ten years’ extended supervision. The sentencing court stated Stenschke would be eligible to participate in the Challenge Incarceration Program and the Substance Abuse Program after serving three years of confinement. Stenschke was given 251 days of sentence credit.

The no-merit report addresses the potential issues of whether Stenschke’s plea was freely, voluntarily and knowingly entered and whether the sentence was the result of an erroneous exercise of discretion or otherwise unduly harsh. This court is satisfied that the no-merit report properly analyzes the issues it raises as without merit, and this court will not discuss them further.

By his no contest plea Stenschke forfeited the right to raise nonjurisdictional defects and defenses, including claimed violations of constitutional rights. State v. Kelty, 2006 WI 101, ¶18 & n.11, 294 Wis. 2d 62, 716 N.W.2d 886; State v. Lasky, 2002 WI App 126, ¶11, 254 Wis. 2d 789, 646 N.W.2d 53. Our review of the record discloses no other potential issues for appeal. Accordingly, this court accepts the no-merit report, affirms the conviction and discharges appellate counsel of the obligation to represent Stenschke further in this appeal.

Upon the foregoing reasons,

IT IS ORDERED that the judgment of conviction is summarily affirmed. See Wis. Stat. Rule 809.21.

IT IS FURTHER ORDERED that Attorney Colleen Marion is relieved from further representing Jed W. Stenschke in this appeal. See Wis. Stat. Rule 809.32(3).

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