District III/II

 


January 23, 2013


To:


Hon. Lisa K. Stark

Circuit Court Judge

Eau Claire County Courthouse

721 Oxford Avenue

Eau Claire, WI 54703-5496

 

Kristina Aschenbrenner

Clerk of Circuit Court

Eau Claire County Courthouse

721 Oxford Avenue

Eau Claire, WI 54703-5496

 

Faun M. Moses

Asst. State Public Defender

P. O. Box 7862

Madison, WI 53707-7892


Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

 

Brian H. Wright

District Attorney

721 Oxford Avenue

Eau Claire, WI 54703-5481

 

John J. Molnar 360575

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:

 

 

 

 

 

 

 

2012AP1324-CRNM

2012AP1325-CRNM

State of Wisconsin v. John J. Molnar (L.C. # 2011CF225)

State of Wisconsin v. John J. Molnar (L.C. # 2011CF492)

 

 

 


Before Brown, C.J., Neubauer, P.J., and Gundrum, J.

In these consolidated appeals, John J. Molnar appeals from judgments convicting him of (1) operating while intoxicated causing injury, second and subsequent offense; (2) vehicle operator flee/elude a traffic officer resulting in bodily harm; and (3) burglary of a building or dwelling.Molnarís appellate counsel filed a no-merit report pursuant to Wis. Stat. Rule 809.32 (2009-10)[1] and Anders v. California, 386 U.S. 738 (1967).Molnar filed two responses.After reviewing the record, counselís no-merit report, and Molnarís responses, we conclude that there are no issues with arguable merit for appeal.Therefore, we summarily affirm the judgments.Wis. Stat. Rule 809.21.

The no-merit report addresses the following appellate issues:(1) whether Molnarís pleas of no contest were knowingly, intelligently, and voluntarily entered; and (2) whether the circuit court erroneously exercised its discretion at sentencing.

With respect to the entry of the no contest pleas, the record shows that the circuit court engaged in a colloquy with Molnar that satisfied the requirements of Wis. Stat. ß 971.08(1)(a), State v. Bangert, 131 Wis. 2d 246, 266-72, 389 N.W.2d 12 (1986), and State v. Hampton, 2004 WI 107, ∂∂33, 38, 274 Wis. 2d 379, 683 N.W.2d 14.In addition, a signed plea questionnaire and waiver of rights form was entered into the record.We agree with counsel that any challenge to the entry of Molnarís no contest pleas would lack arguable merit.

With respect to the sentences imposed, the record reveals that the circuit courtís sentencing decisions had a ďrational and explainable basis.ĒState v. Gallion, 2004 WI 42, ∂76, 270 Wis. 2d 535, 678 N.W.2d 197.In imposing its sentences, the court considered the seriousness of the offenses, Molnarís character, and the need to protect the public.State v. Ziegler, 2006 WI App 49, ∂23, 289 Wis. 2d 594, 712 N.W.2d 76.Under the circumstances of the case, which were aggravated by Molnarís lengthy criminal record, the aggregate term imposed of six years of imprisonment does not ďshock public sentiment and violate the judgment of reasonable people concerning what is right and proper.ĒOcanas v. State, 70 Wis. 2d 179, 185, 233 N.W.2d 457 (1975).We agree with counsel that a challenge to Molnarís sentences would lack arguable merit.

As noted, Molnar filed two responses to counselís no-merit report.The responses are difficult to decipher, as they are rambling and nonsensical.In any event, we are not persuaded that they present an issue of arguable merit.

Our independent review of the record does not disclose any potentially meritorious issue for appeal.Because we conclude that there would be no arguable merit to any issue that could be raised on appeal, we accept the no-merit report and relieve Attorney Faun M. Moses of further representation in these matters.

Upon the foregoing reasons,

IT IS ORDERED that the judgments of the circuit court are summarily affirmed pursuant to Wis. Stat. Rule 809.21.

IT IS FURTHER ORDERED that Attorney Faun M. Moses is relieved of further representation of Molnar in these matters.


 

Diane M. Fremgen

Clerk of Court of Appeals



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