District I

May 14, 2015

To:

Hon. Lindsey Canonie Grady

Circuit Court Judge

Courthouse, Branch 23

901 N. 9th St.

Milwaukee, WI 53233

John Barrett

Clerk of Circuit Court

Room 114

821 W. State Street

Milwaukee, WI 53233

Carl W. Chesshir

Chesshir Law Office

S101 W34417 Hwy. LO, Ste. B

Eagle, WI 53119
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

Deangelis J. Mack 616338

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:

2015AP107-CRNM

State of Wisconsin v. Deangelis J. Mack (L.C. #2012CF4452)

Before Kessler, J.

By order dated April 21, 2015, this court directed Attorney Carl W. Chesshir, appellate counsel for Deangelis J. Mack, to file a supplemental no-merit report in this matter. Attorney Chesshir now advises that, in his view, the no-merit appeal should be dismissed to permit Mack to file a postconviction motion. 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 July 13, 2015. See Wis. Stat. Rule 809.82(2)(a)
(2013-14).

Diane M. Fremgen

Clerk of Court of Appeals