District II/I

August 16, 2013

To:

Hon. Mark T. Slate

Circuit Court Judge

P.O. Box 3188

Green Lake, WI 54941

Susan J. Krueger

Clerk of Circuit Court

Green Lake County Courthouse

P.O. Box 3188

Green Lake, WI 54941

Daniel Goggin, II

Goggin & Goggin

P.O. Box 646

Neenah, WI 54957-0646
Kyle J. Sargent

District Attorney

P.O. Box 3188

Green Lake, WI 54941-3188

Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

James D. Rose 595259

Oshkosh Corr. Inst.

P.O. Box 3310

Oshkosh, WI 54903-3310

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

2013AP1009-CRNM

State of Wisconsin v. James D. Rose (L.C. #2012CF27)

Before Curley, P.J.

By order dated July 18, 2013, this court directed Attorney Daniel R. Goggin, II, appellate counsel for James D. Rose, to file a supplemental no-merit report regarding sentencing in this matter. Counsel has responded, advising he now wishes to file a postconviction motion. Counsel therefore moves to withdraw the no-merit report and to extend the deadline for seeking postconviction relief in the circuit court. This court will grant the motions.

IT IS ORDERED that the no-merit report is rejected and this appeal is dismissed without prejudice.

IT IS FURTHER ORDERED that the deadline for filing a postconviction motion or notice of appeal is extended through October 1, 2013. See Wis. Stat. Rule 809.82(2)(a)
(2011-12).

Diane M. Fremgen

Clerk of Court of Appeals