District III/II
April 24, 2013
To:
Hon. David G. Miron
Circuit Court Judge
Marinette County Courthouse
1926 Hall Avenue
Marinette, WI 54143
Linda Dumke-Marquardt
Clerk of Circuit Court
Marinette County Courthouse
1926 Hall Avenue
Marinette, WI 54143
Allen R. Brey
District Attorney
1926 Hall Avenue
Marinette, WI 54143-1717
Leonard D. Kachinsky
Sisson & Kachinsky Law Offices
103 W. College Ave. #1010
Appleton, WI 54911-5782
Gregory M. Weber
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Joshua R. Loll 534336
Prairie Du Chien Corr. Inst.
P.O. Box 9900
Prairie du Chien, WI 53821
You are hereby notified that the Court has entered the following opinion and order:
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State of Wisconsin v. Joshua R. Loll (L.C. #2012CF25) |
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Before Brown, C.J., Gundrum and Reilly, JJ.
Joshua Loll appeals from a judgment of conviction for burglary. His appellate counsel has filed a no-merit report pursuant to Wis. Stat. Rule 809.32 (2011-12),[1] and Anders v. California, 386 U.S. 738 (1967). Loll 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.
Loll worked at his uncle’s photography shop and was charged with four crimes relating to nighttime thefts of cash from the shop’s safe.[2] Loll entered a no-contest plea to burglary and the three other charges were dismissed as read-ins at sentencing. The prosecutor’s sentencing recommendation was consistent with the plea agreement and the prosecutor recommended a seven-year sentence consisting of four years’ initial confinement and three years’ extended supervision. Loll was sentenced to four years’ initial confinement and five years’ extended supervision.
The no-merit report addresses
the potential issues of whether Loll’s plea was freely, voluntarily and
knowingly entered, and whether the sentence was the result of an erroneous
exercise of discretion. Our review of the record persuades us that no
issue of arguable merit could arise from either point. The trial court engaged in an appropriate
plea colloquy and made the necessary advisements and findings required by Wis. Stat. § 971.08(1)(a), State
v. Bangert, 131
At sentencing, the court
identified the need to address Loll’s heroin addiction by treatment and
incarceration. The court explained that
probation would depreciate the seriousness of the offense of stealing from a
family member and breaching family trust.
The sentence was a demonstrably proper exercise of discretion. See State v. Gallion,
2004 WI 42, ¶¶40-43, 270 Wis. 2d 535, 678 N.W.2d 197. Further, we cannot conclude that the sentence,
when measured against the maximum sentence, is so excessive or unusual so as to
shock public sentiment. See
Ocanas
v. State, 70
Any other possible appellate issues are waived because the defendant’s no-contest plea waived the right to raise nonjurisdictional defects and defenses, including claimed violations of constitutional rights. State v. Lasky, 2002 WI App 126, ¶11, 254 Wis. 2d 789, 646 N.W.2d 53. Accordingly, this court accepts the no-merit report, affirms the conviction and discharges appellate counsel of the obligation to represent Loll 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 Leonard D. Kachinsky is relieved from further representing Joshua Loll in this appeal. See Wis. Stat. Rule 809.32(3).
Diane M. Fremgen
Clerk of Court of Appeals