CA Blank Order

Hon. Jay N. Conley

Circuit Court Judge

301 Washington

Oconto, WI 54153

Michael C. Hodkiewicz

Clerk of Circuit Court

Oconto County Courthouse

301 Washington

Oconto, WI 54153-0078

Edward D. Burke, Jr.

District Attorney

301 Washington Street

Oconto, WI 54153

Leonard D. Kachinsky

Sisson & Kachinsky Law Offices

103 W. College Ave. #1010

Appleton, WI 54911-5782

Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

Tyler J. Klempke 605104

Stanley Corr. Inst.

100 Corrections Drive

Stanley, WI 54768

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



	2013AP2837-CRNM	State v. Tyler J. Klempke (L. C. No. 2013CF49)

Before Hoover, P.J., Mangerson and Stark, JJ.

Counsel for Tyler Klempke has filed a no-merit report concluding there is no basis to challenge Klempke’s convictions for burglary. Klempke was advised of his right to respond and has not responded. Upon our independent review of the record as mandated by Anders v. California 386 U.S. 738 (1967), we conclude there is no arguable merit to any issue that could be raised and summarily affirm.

Klempke was charged with eight counts of burglary of a building or a dwelling, as a party to a crime. He pleaded guilty to two counts and the remaining counts were read in, together with an additional uncharged count. The circuit court imposed sentences consisting of six years’ initial confinement and five years’ extended supervision, concurrent to each other and also concurrent to a Marinette County case.

There is no manifest injustice upon which Klempke could withdraw his guilty pleas. See State v. Duychak,133 Wis. 2d 307, 312, 395 N.W.2d 795 (Ct. App. 1986). The court’s extensive colloquy, together with the plea questionnaire and waiver of rights form, informed Klempke of the constitutional rights he waived by pleading guilty, the elements of the offenses and the potential penalty. Klempke conceded a factual basis supported the convictions. The court specifically advised Klempke it was not bound by the parties’ agreement and could impose the maximum penalty. The court also advised Klempke of the potential deportation consequences of the pleas. See State v. Hoppe, 2009 WI 41, ¶18, 317 Wis. 2d 161, 765 N.W.2d 794. The record shows the pleas were knowingly, voluntarily and intelligently entered. See State v. Bangert, 131 Wis. 2d 246, 260, 389 N.W.2d 12 (1986). Entry of a valid guilty plea constitutes a waiver of nonjurisdictional defects and defenses. Id. at 265-66.

The record also discloses no basis for challenging the court’s sentencing discretion. The court considered Klempke’s character, the seriousness of the offenses and the need to protect the public. See State v. Harris, 119 Wis. 2d 612, 623, 350 N.W.2d 633 (1984). The sentence imposed was authorized by law and not harsh or excessive.

Our independent review of the record discloses no other issues of arguable merit. Therefore,

IT IS ORDERED that the judgment is summarily affirmed. See Wis. Stat. Rule 809.21 (2011-12).

IT IS FURTHER ORDERED that attorney Leonard Kachinsky is relieved of further representing Klempke in this matter.