District II
May 21, 2015
To:
Hon. Jason A. Rossell
Circuit Court Judge
Kenosha County Courthouse
912 56th St
Kenosha, WI 53140
Rebecca Matoska-Mentink
Clerk of Circuit Court
Kenosha County Courthouse
912 56th Street
Kenosha, WI 53140
Mark A. Schoenfeldt
Attorney at Law
135 W. Wells St., Ste. 604
Milwaukee, WI 53203
Gregory M. Weber
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Robert D. Zapf
District Attorney
Molinaro Bldg
912 56th Street
Kenosha, WI 53140-3747
Alan A. Tolstyga 425136
Wisconsin Resource Center
P.O. Box 220
Winnebago, WI 54985-0220
You are hereby notified that the Court has entered the following opinion and order:
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2014AP1627-CRNM |
State of Wisconsin v. Alan A. Tolstyga (L.C. # 2012CF252) State of Wisconsin v. Alan A. Tolstyga (L.C. # 2012CM349) |
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Before Neubauer, P.J., Reilly and Gundrum, JJ.
In these consolidated appeals, Alan Tolstyga appeals from judgments convicting him of armed robbery as a repeat offender contrary to Wis. Stat. § 943.32(2) (2011-12)[1] and disorderly conduct while armed and as a repeat offender contrary to Wis. Stat. § 947.01(1). Tolstyga’s appellate counsel filed a no-merit report pursuant to Wis. Stat. Rule 809.32 and Anders v. California, 386 U.S. 738 (1967). After considering the no-merit report and conducting an independent review of the record as mandated by Anders and Rule 809.32, we directed appellate counsel to investigate and consult with Tolstyga in two areas: Miranda[2] issues relating to Tolstyga’s confession and sentence credit.
Appellate counsel advises that a Wis. Stat. Rule 809.30 postconviction motion is warranted. Therefore, this appeal is dismissed, and the Rule 809.30 postconviction motion deadline is reinstated.
Upon the foregoing reasons,
IT IS ORDERED that this appeal is dismissed in favor of further proceedings in the circuit court.
IT IS FURTHER ORDERED that the time for filing a Wis. Stat. Rule 809.30 postconviction motion is extended to June 26, 2015.
IT IS FURTHER ORDERED that to facilitate further circuit court proceedings, Wis. Stat. Rule 809.26 remittitur shall occur within twenty days of the date of this order.
Diane M. Fremgen
Clerk of Court of Appeals