District I/IV

March 4, 2014

To:

Hon. Mary E. Triggiano

Circuit Court Judge

Children’s Court Center

10201 W. Watertown Plank Road

Wauwatosa, WI 53226-1425

John Barrett

Clerk of Circuit Court

Room 114

821 W. State Street

Milwaukee, WI 53233

Karen A. Loebel

Asst. District Attorney

821 W. State Street

Milwaukee, WI 53233
Scott A. Szabrowicz

4227 W. Forest Home Ave.

Milwaukee, WI 53215

Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

Daviad Joseph Prouty 105921

Kettle Moraine Corr. Inst.

P.O. Box 282

Plymouth, WI 53073-0282

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

2013AP448-CRNM 2013AP449-CRNM

State of Wisconsin v. Daviad Joseph Prouty (L.C. #2012CF1377) State of Wisconsin v. Daviad Joseph Prouty (L.C. #2012CF1778)

Before Blanchard, P.J., Lundsten and Kloppenburg, JJ.

In response to our order of January 24, 2014, appellant’s counsel informs us that he now believes there is an issue with arguable merit related to the DNA surcharge, and the appellant wants to pursue it. Therefore,

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

IT IS FURTHER ORDERED that the time to file a postconviction motion is extended to thirty days from the date of this order.

Diane M. Fremgen

Clerk of Court of Appeals