District I
October 31, 2014
To:
Hon. Jeffrey A. Wagner
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
Marcella De Peters
Law Office of Marcella De Peters
222 E. Erie St., Ste. 210
Milwaukee, WI 53202
Karen A. Loebel
Asst. District Attorney
821 W. State St.
Milwaukee, WI 53233
Gregory M. Weber
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Marcos A. Colin 496424
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. Marcos A. Colin (L.C. #2012CF5357) |
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By order dated September 16, 2014, this court directed Attorney Marcella De Peters, appellate counsel for Marcos A. Colin, to file a supplemental no-merit report in this matter. Attorney De Peters now advises that, in her view, the case presents an arguably meritorious issue. Counsel therefore seeks voluntary dismissal of the no-merit appeal and an extension of the deadline for pursuing 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 December 15, 2014. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
Diane M. Fremgen
Clerk of Court of Appeals