District I
August 17, 2015�
To:
Hon. Daniel L. Konkol
Circuit Court Judge
Safety Building Courtroom, # 502
821 W. State Street
Milwaukee, WI 53233-1427
John Barrett
Clerk of Circuit Court
Room 114
821 W. State Street
Milwaukee, WI 53233
Jon Alfonso LaMendola
LaMendola Law Office
3900 W. Brown Deer Rd., #269
Brown Deer, WI 53209
Karen A. Loebel
Asst. District Attorney
821 W. State St.
Milwaukee, WI 53233
Gregory M. Weber
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Rodrigo Gallegos Guzman 611701
Kettle Moraine Corr. Inst.
P.O. Box 282
Plymouth, WI 53073-0282
You are hereby notified that the Court has entered the following opinion and order:�
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State of Wisconsin v. Rodrigo Gallegos Guzman (L.C. #2013CF3316) |
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By order dated July 21, 2015, this court directed Attorney Jon Alfonso LaMendola, appellate counsel for Rodrigo Gallegos Guzman, to file a supplemental no-merit report in this matter.� Attorney LaMendola now advises that, in his view, the no-merit appeal should be dismissed to permit Guzman to file a postconviction motion.� Counsel therefore seeks voluntary dismissal of the no-merit appeal and an extension of the deadline for pursuing postconviction relief in the circuit court.� A no-merit proceeding is appropriate only if counsel is convinced that an appeal would be wholly frivolous.� McCoy v. Court of Appeals, 486 U.S. 429, 437 (1988).� Accordingly, the court will grant the relief requested.�
IT IS ORDERED that the no-merit report is rejected and this appeal is dismissed without prejudice.
IT IS FURTHER ORDERED that the
deadline for filing a postconviction motion or notice of appeal is extended
through October 16, 2015.� See Wis.
Stat. Rule 809.82(2)(a)
(2013-14).
Diane M. Fremgen
Clerk of Court of Appeals