District IV
May 17, 2013
To:
Hon. Charles A. Pollex
Circuit Court Judge
Adams County Courthouse
P. O. Box 200
Friendship, WI 53934
Kathie Dye
Clerk of Circuit Court
402 Main Street
Friendship, WI 53934
Tania M. Bonnett
District Attorney
P. O. Box 258
Friendship, WI 53934-0258
Brandon Kuhl
Kuhl Law LLC
P. O. Box 266
Stevens Point, WI 54481-0266
Gregory M. Weber
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Jay M. Hane
132 South Linden Street, Apt. 2
Adams, WI 53910
You are hereby notified that the Court has entered the following opinion and order:
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2012AP502-CRNM 2012AP503-CRNM |
State of Wisconsin v. Jay M. Hane (L.C. # 2010CM445) State of Wisconsin v. Jay M. Hane (L.C. # 2010CM446) State of Wisconsin v. Jay M. Hane (L.C. # 2011CM228) |
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Before Blanchard, J.[1]
Jay Hane appeals judgments of conviction for misdemeanor bail jumping, entered in each of three separate cases. Hane’s appellate counsel has filed no-merit reports pursuant to Anders v. California, 386 U.S. 738 (1967), and Wis. Stat. Rule 809.32. We note that the three cases shared a joint plea and sentencing hearing and, therefore, on our own motion, we consolidate the appeals for disposition pursuant to Wis. Stat. Rule 809.10(3). Hane received copies of the reports and was notified of his right to file responses, but has not filed responses. Upon consideration of the reports and an independent review of the records, we conclude that the judgments 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(1).
Hane was charged with two counts of
misdemeanor bail jumping in Adams County circuit court case number 2010CM445. He was charged with one count of possession of
drug paraphernalia and one count of misdemeanor bail jumping in case number
2010CM446, and with one count of disorderly conduct and two counts of
misdemeanor bail jumping in case number 2011CM228. In a joint plea and sentencing hearing, Hane
entered a plea of no contest to one count of bail jumping in each of the three
cases. The other charges were dismissed
and read in pursuant to a plea agreement.
Also pursuant to the plea agreement, the State and Hane’s defense
counsel jointly recommended that Hane be placed on probation for two years. The court followed the joint recommendation,
withheld sentence, and imposed two years of probation.
The no-merit reports each address the potential issue of whether Hane’s plea was freely, voluntarily, and knowingly entered. Based on its independent review of the records, this court is satisfied that the no-merit reports apply the correct legal standards to the facts and correctly identify this as an issue without merit, and this court will not discuss the issue further. Our review of the records discloses no other potential issues for appeal. Accordingly, this court accepts the no-merit reports, affirms the convictions, and discharges appellate counsel of the obligation to represent Hane further in these appeals.
Upon the foregoing reasons,
IT IS ORDERED that the judgments of conviction are summarily affirmed. See Wis. Stat. Rule 809.21(1).
IT IS FURTHER ORDERED that Attorney Brandon Kuhl is relieved from further representing Jay Hane in these matters. See Wis. Stat. Rule 809.32(3).
Diane M. Fremgen
Clerk of Court of Appeals
[1] This appeal is decided by one judge pursuant to Wis. Stat. § 752.31(2)(f) (2011-12). All references to the Wisconsin Statutes are to the 2011-12 version unless otherwise noted.