District I

February 5, 2013

To:

Hon. Rebecca F. Dallet

Circuit Court Judge

Branch 40

821 W State St

Milwaukee, WI 53233

John Barrett

Clerk of Circuit Court

Room 114

821 W. State Street

Milwaukee, WI 53233

John Richard Breffeilh

Assistant State Public Defender

735 N. Water St., Ste. 912

Milwaukee, WI 53202-4105
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

Yves P. McKinnie 581196

Dodge Corr. Inst.

P.O. Box 700

Waupun, WI 53963-0700

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

2012AP1312-CRNM

State of Wisconsin v. Yves P. McKinnie (L.C. #2011CF0510)

Before Curley, P.J.

By order dated January 24, 2013, this court directed Attorney John Richard Breffeilh, appellate counsel for Yves P. McKinnie, to file a supplemental no-merit report in regard to the DNA surcharge imposed in this matter. Counsel has responded, advising he now concludes that arguably meritorious issues exist for appeal. Counsel therefore moves to dismiss this no-merit appeal and to extend the deadline for seeking postconviction relief. The court will grant the motions.

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 March 22, 2013. See Wis. Stat. Rule 809.82(2)(a)
(2011-12).

Diane M. Fremgen

Clerk of Court of Appeals