District IV
July 13, 2015
To:
Hon. Randy R. Koschnick
Circuit Court Judge
Jefferson County Courthouse
311 South Center Avenue
Jefferson, WI 53549
Carla Robinson
Clerk of Circuit Court
Jefferson County Courthouse
311 South Center Avenue
Jefferson, WI 53549
Susan V. Happ
District Attorney
311 S. Center Ave., Rm. 225
Jefferson, WI 53549-1718
Michael D. Rosenberg
Community Justice, Inc.
214 N. Hamilton St. Suite 101
Madison, WI 53703
Gregory M. Weber
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Dillan L. Ninmann
N8183 High Road
Watertown, WI 53094
You are hereby notified that the Court has entered the following opinion and order:
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State of Wisconsin v. Dillan L. Ninmann (L.C. # 2013CF228) |
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Before Blanchard, P.J., Higginbotham and Kloppenburg, JJ.
Dillan Ninmann appeals a
judgment convicting him, after entry of a no-contest plea, of misdemeanor theft
of movable property and possession of THC with intent to deliver. See
Wis. Stat. §§ 943.20(1)(a),
961.41(1m)(h)1. (2013-14).[1] Attorney Michael Rosenberg has filed a
no-merit report seeking to withdraw as appellate counsel. Wis.
Stat. Rule 809.32; see also Anders
v. California, 386 U.S. 738, 744 (1967); and State ex rel. McCoy v. Wisconsin
Court of Appeals, 137
First, we see no arguable basis
for plea withdrawal. The terms of the
plea agreement were stated in open court.
The court’s plea colloquy confirmed that Ninmann understood the elements
of the offense, the penalties that could be imposed, the constitutional rights
he waived by entering no contest pleas, and the fact that the court was not
bound by the terms of the plea agreement.
In addition, Ninmann provided the court with a signed plea questionnaire
and confirmed that he did not have any questions about the questionnaire and
had sufficient opportunity to review it with his lawyer. Ninmann stipulated that a factual basis
existed for the pleas, and the court confirmed personally with Ninmann that he
understood the stipulation. We are
satisfied that the record demonstrates that the plea was knowingly, voluntarily,
and intelligently made. See State v. Bangert, 131 Wis. 2d 246, 257, 389 N.W.2d
12 (1986).
The record also discloses no
arguable basis for challenging the sentence imposed. The court considered the seriousness of the
offense, Ninmann’s character, and the need to protect the public. On the misdemeanor theft count, the court
withheld sentence and ordered two years of probation. On the possession count, the court withheld
sentence and ordered three years of probation, with forty-five days in jail as
a condition of probation, with work release privileges for purposes of
employment, education, and treatment.
The sentences are within the applicable penalty ranges. See
Wis. Stat. §§ 943.20(3)(a)
(classifying theft of movable property less than or equal to $2,500 as a Class
A misdemeanor); 961.41(1m)(h)1. (classifying possession of less than or equal
to 200 grams of THC with intent to deliver as a Class I felony); 939.51(3)(a)
(providing maximum term of imprisonment of nine months for a Class A
misdemeanor); 939.50(3)(i) (providing maximum term of imprisonment of three years and six months for
a Class I felony). Under these circumstances,
it cannot reasonably be argued that Ninmann’s sentence is so excessive as to
shock public sentiment. See Ocanas
v. State, 70
Upon our independent review of the record, we have found no other arguable basis for reversing the judgment of conviction. See State v. Allen, 2010 WI 89, ¶¶81-82, 328 Wis. 2d 1, 786 N.W.2d 124. We conclude that any further appellate proceedings would be wholly frivolous within the meaning of Anders and Wis. Stat. Rule 809.32.
Accordingly,
IT IS ORDERED that the judgment of conviction is summarily affirmed pursuant to Wis. Stat. Rule 809.21.
IT IS FURTHER ORDERED that Michael Rosenberg is relieved of any further representation of Dillan Ninmann in this matter pursuant to Wis. Stat. Rule 809.32(3).
Diane M. Fremgen
Clerk of Court of Appeals