January 4, 2013†
Hon. Dennis R. Cimpl
Circuit Court Judge
821 West State St.
Milwaukee, WI †53233-1427
Hon. Glenn H. Yamahiro
Circuit Court Judge
Childrenís Court Center, # 2410
10201 Watertown Plank Road
Milwaukee, WI †53226-3532
Clerk of Circuit Court
821 W. State Street, Room 114
Milwaukee, WI †53233
Carl W. Chesshir
Chesshir Law Office
S101 W34417 Hwy LO, Ste. B
Eagle, WI †53119
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
Christopher M. Ferguson 519637
Prairie Du Chien Corr. Inst.
P.O. Box 9900
Prairie du Chien, WI †53821
You are hereby notified that the Court has entered the following opinion and order:†
State of Wisconsin v. Christopher M. Ferguson (L.C. # 2009CF5787)
State of Wisconsin v. Christopher M. Ferguson (L.C. # 2010CF1879)
State of Wisconsin v. Christopher M. Ferguson (L.C. # 2010CF1880)
Before Lundsten, P.J., Higginbotham and Blanchard, JJ. †
Christopher Ferguson appeals judgments
convicting him of multiple counts of burglary, following his guilty pleas, and
imposing sentence. †Attorney Carl
Chesshir has filed a no-merit report seeking to withdraw as appellate
counsel.† See Anders v.
In late 2009 and early 2010, the State charged Ferguson with five counts of burglary, one count of attempted burglary, and one count of entry into a locked vehicle.† Pursuant to a plea agreement, Ferguson pled guilty to the five burglary counts and the State dismissed and read in the attempted burglary and entry into a locked vehicle counts.† Additionally, the State limited its sentencing recommendation to a global sentence of five years of initial incarceration and five years of extended supervision as to all of the convictions.† The court sentenced Ferguson to a total of nine years of initial confinement and five years of extended supervision. †
First, there is no arguable basis in the record for Ferguson to withdraw his guilty pleas.† After sentencing, a defendant may only withdraw a guilty plea to correct a manifest injustice such as ineffective assistance of counsel, an involuntary plea, or the prosecutorís failure to follow the plea agreement.† See State v. Krieger, 163 Wis. 2d 241, 249-51 & n.6, 471 N.W.2d 599 (Ct. App. 1991).† There is no indication that any such manifest injustice occurred here.†
Before accepting Fergusonís
guilty pleas, the circuit court conducted a plea colloquy that established Fergusonís
understanding of the burglary charges, the potential penalties following
conviction and other consequences of the pleas, and the constitutional rights
he would be waiving.† See Wis. Stat. ß 971.08; State
v. Hoppe, 2009 WI 41, ∂18, 317 Wis. 2d 161,
765 N.W.2d 794; State v. Bangert, 131 Wis. 2d 246,
266-72, 389 N.W.2d 12 (1986).†
The court also reviewed the plea questionnaire and waiver of rights
forms that Ferguson had signed, establishing that Ferguson had reviewed the
forms with his attorney and understood them.†
See State v. Moederndorfer,
141 Wis. 2d 823, 827-28, 416 N.W.2d 627 (Ct. App. 1987). †The court also established Fergusonís ability
to understand the proceedings, that the plea was entered voluntarily and with
the understanding that the court was not bound by the plea agreement, and that Ferguson
had sufficient time to discuss his cases with his attorney.† See
Additionally, a challenge to Fergusonís
Reference source not found. would lack arguable merit.† Our review of a sentence determination begins
ďwith the presumption that the trial court acted reasonably, and the defendant
must show some unreasonable or unjustifiable basis in the record for the
sentence complained of.Ē† State v.
The court explained that it
considered the standard sentencing factors and objectives, including the nature
of the offense, the need to protect the public, and Fergusonís character and
criminal history. †See State v. Gallion, 2004 WI 42, ∂∂39-46, 270 Wis.
2d 535, 678 N.W.2d 197.† The
court found that a prison sentence was necessary to not unduly depreciate the
seriousness of the offense.† The court
sentenced Ferguson to a total of nine years of initial confinement and five
years of extended supervision, consecutive to Fergusonís sentence following
revocation.† The sentence was within the
applicable penalty range.† See Wis.
Stat. ßß 943.10(1m)(a) (providing that burglary is a Class F felony);
939.50(3)(f) (providing that Class F felonies are punishable by up to twelve
years and six months of imprisonment and a $25,000 fine); 973.01(2)(b)6m.
(under bifurcated sentence, maximum length of initial confinement for a Class F
felony is seven years and six months). †The sentence was well within the maximum
Ferguson faced, and therefore was not so excessive or unduly harsh as to shock
the conscience.† See State
v. Grindemann, 2002 WI App 106, ∂31, 255
Upon our independent review of the record, we have found no other arguable basis for reversing the judgments of conviction.† We conclude that any further appellate proceedings would be wholly frivolous within the meaning of Anders and Wis. Stat. Rule 809.32.
IT IS ORDERED that the judgments of conviction are summarily affirmed.† See Wis. Stat. Rule 809.21(1).
IT IS FURTHER ORDERED that Attorney Chesshir is relieved of any further representation of Ferguson in this matter.† See Wis. Stat. Rule 809.32(3).
Diane M. Fremgen
Clerk of Court of Appeals
 All references to the Wisconsin Statutes are to the 2009-10 version unless otherwise noted.