District I
July 16, 2013
To:
Hon. David A. Hansher
Circuit Court Judge
Milwaukee County Courthouse
901 N. 9th St.
Milwaukee, WI 53233
John Barrett
Clerk of Circuit Court
Room 114
821 W. State Street
Milwaukee, WI 53233
Angela Conrad Kachelski
Kachelski Law Office
Suite 6A
7101 N. Green Bay Ave.
Milwaukee, 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
Montrel Che Evans 539204
Jackson Corr. Inst.
P.O. Box 233
Black River Falls, WI 54615-0233
You are hereby notified that the Court has entered the following opinion and order:
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State of Wisconsin v. Montrel Che Evans (L.C. # 2011CF178) |
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Montrel Che Evans appeals from a judgment of conviction, entered upon his guilty pleas, for one count of taking and driving a vehicle without consent and one count of burglary of a building or dwelling as a party to a crime, contrary to Wis. Stat. §§ 943.23(2), 943.10(1m)(a), and 939.05 (2009-10).[1] Appellate counsel, Angela C. Kachelski, has filed a no-merit report pursuant to Anders v. California, 386 U.S. 738 (1967), and Wis. Stat. Rule 809.32. Evans has not filed a response. We independently reviewed the record and the no-merit report. On May 16, 2013, we directed counsel to file a supplemental no-merit report addressing several issues, including issues related to the plea, sentence credit, and Evans’s correct date of birth.
Attorney Kachelski’s
supplemental no-merit report indicates that she has identified an issue of
arguable merit concerning Evans’s plea that she has discussed with Evans. She asks this court to reject the no-merit
report, reinstate Evans’s Wis. Stat. Rule
809.03 appeal rights, and extend the time for him 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 U.S.
429, 437 (1988), this court will grant the request.
Therefore,
IT
IS ORDERED that the no-merit report in appeal No. 2012AP1195-CRNM is rejected
and the appeal is dismissed without prejudice.
IT IS FURTHER ORDERED that the deadline for Attorney Angela C. Kachelski to file a postconviction motion on Evans’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