District IV/I

February 4, 2015

To:

Hon. Kenneth W. Forbeck

Circuit Court Judge

51 S. Main Street

Janesville, WI 53545

Jacki Gackstatter

Clerk of Circuit Court

Rock Co. Courthouse

51 S. Main Street

Janesville, WI 53545

Gina Frances Bosben

Frances Bosben Law Office

520 University Ave #355

Madison, WI 53703-1982
Perry L. Folts

Deputy Dist. Atty.

51 S. Main St.

Janesville, WI 53545

Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

Jonathon F. Lincoln 602988

Stanley Corr. Inst.

100 Corrections Drive

Stanley, WI 54768

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

2014AP1326-CRNM

State of Wisconsin v. Jonathon F. Lincoln (L.C. #2012CF278)

Before Curley, P.J.

By order dated January 6, 2015, this court directed Attorney Gina Frances Bosben, appellate counsel for Jonathon F. Lincoln, to file a supplemental no-merit report in this matter. Attorney Bosben 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 April 6, 2015. See Wis. Stat. Rule 809.82(2)(a)
(2011-12).

Diane M. Fremgen

Clerk of Court of Appeals