CA Blank Order

Hon. Glenn H. Yamahiro

Milwaukee County Courthouse

901 N. 9th Street, Branch 34

Milwaukee, WI 53233-1425

John Barrett, Clerk

Milwaukee County Courthouse

821 W. State Street, Room 114

Milwaukee, WI 53233

Thomas J. Erickson

Attorney at Law

316 N. Milwaukee Street, Ste. 206

Milwaukee, WI 53202

Karen A. Loebel

Asst. District Attorney

Milwaukee County Courthouse

821 W. State Street

Milwaukee, WI 53233

Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

Nicole M. Filbrandt #459895

Robert Ellsworth Corr. Center

21425-A Spring Street

Union Grove, WI 53182-9408

You are hereby notified that the Court has entered the following opinion and order:



	2012AP1990-CRNM 2012AP1991-CRNM	State of Wisconsin v. Nicole M. Filbrandt (L.C. #2009CM4049 and 2010CF1163)

Before Curley, P.J.

By order dated May 9, 2013, this court directed Attorney Thomas J. Erickson to file a supplemental no-merit report on behalf of Nicole M. Filbrandt. The court, upon its independent review of the record, identified a potential issue of arguable merit relating to the imposition of a DNA surcharge in Milwaukee County Circuit Court Case Nos. 2009CM4049 and 2010CF1163. Counsel did not address this specific issue in his original no-merit report; consequently, we directed him to do so in a supplemental report. We indicated that in the alternative, he could file a motion seeking to dismiss the no-merit appeal and to extend the deadline for filing a postconviction motion in order to address the potential issue.

On May 20, 2013, Attorney Erickson filed a motion to dismiss the no-merit appeal and extend the deadline for filing a postconviction motion. The motion indicates that Filbrandt would like to pursue an opportunity to be heard on the issue of the imposition of the DNA surcharge. Because a no-merit report is only appropriate if counsel is convinced that an appeal would be wholly frivolous, McCoy v. Court of Appeals, 486 U.S. 429, 437 (1988), this court will grant the motion.

Upon the foregoing,

IT IS ORDERED that the no-merit report in appeal Nos. 2012AP1990-CRNM and 2012AP1991-CRNM is rejected and the appeal is dismissed without prejudice.

IT IS FURTHER ORDERED that the deadline for filing a postconviction motion or notice of appeal in Milwaukee County Circuit Court Case Nos. 2009CM4049 and 2010CF1163 is extended to June 21, 2013. See Wis. Stat. Rule 809.82(2)(a) (2011-12).