District I


January 11, 2013 


Hon. Thomas P. Donegan

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


Russell J. A. Jones

Jones Law Firm LLC

12557 W. Burleigh St., Ste. 8

Brookfield, WI 53005


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


Jeremy C. Perri

First Asst. State Public Defender

735 North Water Street, Suite 912

Milwaukee, WI 53202


Joseph N. Ehmann

First Asst. State Public Defender

P.O. Box 7862

Madison, WI 53707-7862


Luis Rodolfo Perez

528 W. Orchard Street

Milwaukee, WI 53204


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









State of Wisconsin v. Luis Rodolfo Perez (L.C. #2010CF5084)




Before Curley, P.J., Fine and Brennan, JJ. 

Luis Rodolfo Perez was convicted of one count of substantial battery.  He sought postconviction/appellate relief with the assistance of Attorney Russell J.A. Jones, who was appointed to represent him.  Mr. Perez was killed on April 25, 2012.  We allowed these proceedings to continue because “when a defendant dies while pursuing postconviction relief … the defendant’s right to an appeal continues.”  State v. McDonald, 144 Wis. 2d 531, 539, 424 N.W.2d 411 (1988).  Jones has now filed a no-merit report seeking permission to withdraw.  See Wis. Stat. Rule 809.32 (2009-10),[1] and Anders v. California, 386 U.S. 738, 744 (1967).  After considering the no-merit report and conducting an independent review of the record, we conclude that there are no arguably meritorious appellate issues. 

The no-merit report first addresses whether there would be arguable merit to an appellate challenge to Perez’s guilty plea.  The plea colloquy complied in all respects with the requirements of Wis. Stat. § 971.08, and State v. Bangert, 131 Wis. 2d 246, 266-72, 389 N.W.2d 12 (1986).  The circuit court addressed whether Perez understood the charge against him, the penalties he faced, and the constitutional rights he would be waiving by entering a plea.  Perez admitted the factual basis for the charge, which the circuit court stated on the record.  We therefore conclude that there would be no arguable merit to an appellate challenge involving the plea.

The no-merit report next addresses whether there would be arguable merit to a claim that the circuit court misused its sentencing discretion.  The circuit court sentenced Perez to two years of imprisonment, with one year of initial confinement and one year of extended supervision.  The circuit court considered the appropriate sentencing factors in light of the facts of this case, reaching a reasoned and reasonable conclusion.  Where, as here, the circuit court explains its application of the various sentencing considerations in accordance with the framework set forth in State v. Gallion, 2004 WI 42, ¶¶39-46, 270 Wis. 2d 535, 678 N.W.2d 197, we will affirm the circuit court’s exercise of sentencing discretion.  Therefore, we conclude that there would be no arguable merit to a challenge to the sentence on appeal.

Our independent review of the record reveals no arguable basis for reversing the judgment of conviction.  Therefore, we affirm the judgment of conviction and relieve
Jones of further representation.


IT IS ORDERED that the judgment of conviction is summarily affirmed.  See Wis. Stat. Rule 809.21.

IT IS FURTHER ORDERED that Russell J.A. Jones is relieved of any further representation.  See Wis. Stat. Rule 809.32(3).


Diane M. Fremgen

Clerk of Court of Appeals

[1]  All references to the Wisconsin Statutes are to the 2009-10 version unless otherwise noted.