CA Blank Order

Hon. Daniel L. Konkol

Circuit Court Judge

Safety Building Courtroom, # 502

821 W. State Street

Milwaukee, WI 53233-1427

John Barrett

Clerk of Circuit Court

Room 114

821 W. State Street

Milwaukee, WI 53233

Karen A. Loebel

Asst. District Attorney

821 W. State St.

Milwaukee, WI 53233
James A. Rebholz

Rebholz & Auberry

1414 Underwood Ave., Ste. 400

Milwaukee, WI 53213

Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

Alveria Rogers 294862

Jackson Corr. Inst.

P.O. Box 233

Black River Falls, WI 54615-0233

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



	2014AP2281-CRNM	State of Wisconsin v. Alveria Rogers (L.C. #2013CF1041)

Before Curley, P.J.

By order dated May 8, 2015, this court directed Attorney James Rebholz to file a supplemental no-merit report on behalf of Alveria Rogers. Upon this court’s independent review of the record and the no-merit report, we noted a possible ex post facto issue related to imposition of the DNA surcharge and asked counsel to address it.

Attorney Rebholz, on behalf of Rogers, now moves to dismiss the appeal and seeks an extension of time for filing a supplemental postconviction motion, stating there may be arguable merit to a challenge to the surcharge. Because a no-merit report is only appropriate if counsel is convinced that an appeal would be wholly frivolous, see McCoy v. Court of Appeals, 486 U.S. 429, 437 (1988), this court will grant the motion.

Upon the foregoing,

IT IS ORDERED that the no-merit report in appeal No. 2014AP2281-CRNM is rejected and the appeal is dismissed without prejudice.

IT IS FURTHER ORDERED that the deadline for filing a supplemental postconviction motion or notice of appeal in Milwaukee County Circuit Court case No. 2013CF1041 is extended to August 10, 2015.