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: 

 

 

 

 

 

 

 

2012AP1195-CRNM

State of Wisconsin v. Montrel Che Evans

(L.C. # 2011CF178)

 

 

 


Before Curley, P.J.

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

 



[1]  All references to the Wisconsin Statutes are to the 2011-12 version unless otherwise noted.