District I

February 11, 2014

To:

Hon. David L. Borowski

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
Matthew S. Pinix

Law Office of Matthew S. Pinix, LLC

1200 East Capitol Drive, Suite 220

Milwaukee, WI 53211

Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

Jotaviaous J. Cheese 548947

Columbia Corr. Inst.

P.O. Box 900

Portage, WI 53901-0900

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

2013AP2076-CRNM

State of Wisconsin v. Jotaviaous J. Cheese (L.C. #2011CF5685)

Before Curley, P.J.

By order dated January 13, 2014, this court directed Attorney Matthew S. Pinix, appellate counsel for Jotaviaous J. Cheese, to file a supplemental no-merit report regarding two sentencing issues. Counsel now advises that, in his view, one of the issues presents an arguably meritorious basis for further postconviction proceedings. 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 April 11, 2014. See Wis. Stat. Rule 809.82(2)(a)
(2011-12).

Diane M. Fremgen

Clerk of Court of Appeals