District I
July 12, 2013
To:
Hon. Dennis R. Cimpl
Safety Building
821 West State Street
Milwaukee, WI 53233-1427
Hon. Michael Guolee
Safety Building
821 W. State Street
Milwaukee, WI 53233-1427
John Barrett, Clerk
Milwaukee County Courthouse
821 W. State Street, Room 114
Milwaukee, WI 53233
Kaitlin A. Lamb
Assistant State Public Defender
735 N. Water Street, Ste. 912
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
Andrew S. Essien #579467
Felmers O. Chaney Correctional Cent
2825 N. 30th Street
Milwaukee, WI 53210-2051
You are hereby notified that the Court has entered the following opinion and order:
|
|
|
|
|
|
|
|
|
|
State of Wisconsin v. Andrew S. Essien (L.C. #2010CF2350) |
|
|
|
|
|
Andrew S. Essien appeals from convictions for three
counts of robbery as a party to a crime.
Appellate counsel, Kaitlin A. Lamb, filed a no-merit report pursuant to Anders
v. California, 386 U.S. 738 (1967), and Wis.
Stat. Rule 809.32 (2011-12),[1] to which
Essien has not responded. On June 7,
2013, we directed Attorney Lamb to file a supplemental report on two issues: one relating to a read-in crime and one
relating to the DNA surcharge. We also
noted that in the alternative, if she determined that there was merit to any
issue, she could move to dismiss the appeal and request an extension of time in
which to file a postconviction motion under Wis.
Stat. Rule 809.30(2)(h).
Attorney Lamb now moves to
dismiss the no-merit appeal and extend the time to file a postconviction motion
on Essien’s behalf. The motion explains
that Attorney Lamb considered the issues identified in this court’s order and “determined
that there is arguable merit for an appeal.”
She also indicated that she “conveyed her analysis to Mr. Essien” and
that he “has instructed counsel to move to dismiss this appeal” and request an
extension of time to file a postconviction motion. 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
IT
IS ORDERED that the no-merit report in appeal No. 2012AP2751-CRNM is rejected
and the appeal is dismissed without prejudice.
IT IS FURTHER ORDERED that the deadline for Attorney Kaitlin A. Lamb to file a postconviction motion on Essien’s behalf is extended to sixty days from the date of this order. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
Diane M. Fremgen
Clerk of Court of Appeals