District IV

 


May 17, 2013 


To:


Hon. Randy R. Koschnick

Circuit Court Judge

Jefferson County Courthouse

320 S. Main Street

Jefferson, WI  53549

 

Carla Robinson

Clerk of Circuit Court

Jefferson County Courthouse

320 S. Main Street

Jefferson, WI  53549

 

Susan V. Happ

District Attorney

320 South Main Street, Rm. 225

Jefferson, WI  53549
Roberta A. Heckes

Attorney at Law

P. O. Box 295

Adell, WI  53001

 

Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI  53707-7857

 

James T. Richardson 070873

Green Bay Corr. Inst.

P.O. Box 19033

Green Bay, WI 54307-9033


 

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

 

 

 

 

 

 

 

2012AP898-CRNM

State of Wisconsin v. James T. Richardson (L.C. #2011CF224)

 

 

 


Before Lundsten, P.J., Higginbotham and Blanchard, JJ.

Attorney Roberta Heckes, appointed counsel for James Richardson, has filed a no-merit report pursuant to Anders v. California, 386 U.S. 738 (1967), and Wis. Stat. Rule 809.32 (2011-12).[1]  Counsel provided Richardson with a copy of the report, and both counsel and this court advised him of his right to file a response.  Richardson has not responded.  We conclude that this case is appropriate for summary disposition.  See Wis. Stat. Rule 809.21(1).  After our independent review of the record, we conclude there is no arguable merit to any issue that could be raised on appeal.

Richardson pled guilty to one count of first-degree intentional homicide and one count of hiding a corpse.  The court imposed a life sentence without possibility of release and a consecutive sentence of five years of initial confinement and five years of extended supervision. 

The no-merit report addresses whether Richardson’s pleas were entered knowingly, voluntarily, and intelligently.  The plea colloquy sufficiently complied with the requirements of State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986), and Wis. Stat. § 971.08 relating to the nature of the charge, the rights Richardson was waiving, and other matters.  The record shows no other ground to withdraw the plea.  There is no arguable merit to this issue.

The no-merit report addresses whether the court erroneously exercised its sentencing discretion.  The standards for the circuit court and this court on sentencing issues are well established and need not be repeated here.  See State v. Gallion, 2004 WI 42, ¶¶17-51, 270 Wis. 2d 535, 678 N.W.2d 197.  In this case, the court considered appropriate factors such as the premeditated and “cold-blooded” nature of the homicide, his failure to express remorse, the impact on the community, Richardson’s lying to the victim’s mother, Richardson’s prior record, and his prompt acceptance of responsibility after charges were filed insofar as he waived a preliminary hearing and entered guilty pleas.  The court did not consider improper factors, and reached a reasonable result.  There is no arguable merit to this issue.

Our review of the record discloses no other potential issues for appeal.

Therefore,

IT IS ORDERED that the judgment of conviction is summarily affirmed.  See Wis. Stat. Rule 809.21(1).

IT IS FURTHER ORDERED that Attorney Heckes is relieved of further representation of Richardson in this matter.  See Wis. Stat. Rule 809.32(3).


 

Diane M. Fremgen

Clerk of Court of Appeals



[1]  All references to the Wisconsin Statutes are to the 2011-12 version unless otherwise noted.