District IV
January 6, 2014
To:
Hon. Daniel George
Circuit Court Judge
Columbia County Courthouse
400 DeWitt St., P.O. Box 587
Portage, WI 53901-2157
Susan K. Raimer
Clerk of Circuit Court
Columbia County Courthouse
400 DeWitt St., P.O. Box 587
Portage, WI 53901-2157
Troy Dean Cross
Asst. District Attorney
P.O. Box 638
Portage, WI 53901-0638
William E. Schmaal
Asst. State Public Defender
P.O. Box 7862
Madison, WI 53707-7862
Gregory M. Weber
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Dennis Neil Tomlinson 586811
Waupun Corr. Inst.
P.O. Box 351
Waupun, WI 53963-0351
You are hereby notified that the Court has entered the following opinion and order:
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State of Wisconsin v. Dennis Neil Tomlinson (L.C. #2010CF426) |
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Before Blanchard, P.J., Lundsten and Sherman, JJ.
Attorney William Schmaal, appointed
counsel for Dennis Tomlinson, has filed a no-merit report pursuant to Wis. Stat. Rule 809.32 (2011-12)[1]
and Anders
v.
Tomlinson pled no contest to one count of operating while intoxicated, fifth or sixth offense, with a minor in the vehicle. The court imposed a sentence of four years of initial confinement and three years of extended supervision.
The no-merit report addresses whether Tomlinson’s pleas were entered knowingly, voluntarily, and intelligently. The plea colloquy sufficiently complied with the requirements of State v. Bangert, 131 Wis. 2d 246, 255-72, 389 N.W.2d 12 (1986), and Wis. Stat. § 971.08 relating to the nature of the charge, the rights Tomlinson was waiving, and other matters. The record shows no other ground to withdraw the plea. There is no arguable merit to this issue.
The no-merit report addresses whether the court erroneously exercised its sentencing discretion. The standards for the circuit court and this court on sentencing issues are well established and need not be repeated here. See State v. Gallion, 2004 WI 42, ¶¶17-51, 270 Wis. 2d 535, 678 N.W.2d 197. In this case, the court considered appropriate factors, such as the seriousness of the offense, the ineffectiveness of Tomlinson’s earlier convictions at changing his behavior, and his prior record and need for rehabilitation and punishment. The court did not consider improper factors, and reached a reasonable result. There is no arguable merit to this issue.
Our review of the record discloses no other potential issues for appeal.
Therefore,
IT IS ORDERED that the judgment of conviction is summarily affirmed. See Wis. Stat. Rule 809.21.
IT IS FURTHER ORDERED that Attorney William Schmaal is relieved of further representation of Dennis Tomlinson in this matter. See Wis. Stat. Rule 809.32(3).
Diane M. Fremgen
Clerk of Court of Appeals