District I
October 8, 2013
To:
Hon. Rebecca F. Dallet
Circuit Court Judge
Branch 40
821 W State 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
Thomas K. Voss
Thomas K. Voss Attorney at Law, S.C.
241 Wisconsin Ave.
Waukesha, WI 53186-4926
Gregory M. Weber
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Brandy L. Allen 513071
Robert Ellsworth Corr. Cntr
21425-A Spring Street
Union Grove, WI 53182-9408
You are hereby notified that the Court has entered the following opinion and order:
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State of Wisconsin v. Brandy L. Allen (L.C. # 2011CF6153) |
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By order dated September 24, 2013, this court directed Attorney Thomas K. Voss, appellate counsel for Brandy L. Allen, 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 seeks voluntary dismissal of the no-merit appeal and an extension of the deadline for seeking postconviction relief in the circuit court. A no-merit proceeding is appropriate only if counsel is convinced that an appeal would be wholly frivolous. McCoy v. Court of Appeals, 486 U.S. 429, 437 (1988). Accordingly, the court will grant the motion.
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 November 22, 2013. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
Diane M. Fremgen
Clerk of Court of Appeals