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:

2014AP2963-CRNM

State of Wisconsin v. Rodrigo Gallegos Guzman (L.C. #2013CF3316)

Before Curley, P.J.

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