District I


Amended as to lower court case number April 8, 2013

April 5, 2013 


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


Karen A. Loebel

Asst. District Attorney

821 W. State St.

Milwaukee, WI 53233
Donna Odrzywolski

6650 W. State St., Unit D, #234

Wauwatosa, WI 53213


Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857


Joseph L. Cobbins 502626

Racine Youthful Offender Corr. Facility

P.O. Box 2500

Racine, WI 53404-2500


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









State of Wisconsin v. Joseph L. Cobbins (L.C. #2011CF6096)




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

Joseph L. Cobbins appeals a judgment convicting him of one count of armed robbery, as a party to a crime.  Attorney Donna Odrzywolski filed a no-merit report seeking to withdraw as appellate counsel.  See Wis. Stat. Rule 809.32 (2011-12),[1] and Anders v. California, 386 U.S. 738, 744 (1967).  Cobbins was informed of his right to respond, but he has not responded.  After considering the no-merit report and after conducting an independent review of the record, we agree with counsel’s assessment that there are no arguably meritorious appellate issues.  Therefore, we summarily affirm the judgment of conviction.  See Wis. Stat. Rule 809.21.

The no-merit report first addresses whether there would be arguable merit to an appellate challenge to Cobbins’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 prosecutor explained the plea agreement on the record and Cobbins acknowledged that he understood it.  The circuit court addressed whether Cobbins understood the elements of the charge against him, including the meaning of being charged as a party to a crime, the maximum penalties he faced, and the constitutional rights he would be waiving by entering a plea.  The circuit court also ascertained that Cobbins had reviewed a plea questionnaire and waiver-of-rights form with his attorney.  See State v. Moederndorfer, 141 Wis. 2d 823, 827-28, 416 N.W.2d 627 (Ct. App. 1987).  Cobbins acknowledged that the complaint provided a sufficient factual basis for the plea.  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 sentence imposed on Cobbins was a misuse of discretion.  The circuit court sentenced Cobbins to twenty years of imprisonment, with ten years of initial confinement and ten years of extended supervision.  In framing its sentence, the circuit court considered Cobbins’s criminal history, his rehabilitative needs, the need to protect the public and other factors relevant to the sentencing determination.  See State v. Gallion, 2004 WI 42, ¶¶39-46, 270 Wis. 2d 535, 678 N.W.2d 197.  The circuit court placed particular emphasis on the danger that Cobbins presented to society, noting that Cobbins’s actions during the armed robbery were particularly aggravated.  The circuit court explained its application of the various sentencing considerations in accordance with the framework set forth in Gallion, and reached a reasoned and reasonable result.  Therefore, we conclude that there would be no arguable merit to an appellate claim that the circuit court misused its sentencing discretion.

Our independent review of the record reveals no potential issues for appeal.  Therefore, we affirm the judgment of conviction and relieve Attorney Odrzywolski of further representation of Cobbins in this matter.

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

IT IS FURTHER ORDERED that Attorney Donna Odrzywolski is relieved of any further representation of Cobbins in this matter.  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 2011-12 version unless otherwise noted.