CA Blank Order

Hon. Thomas J. Gritton

Circuit Court Judge

Winnebago County Courthouse

P.O. Box 2808

Oshkosh, WI 54903-2808

Melissa M. Konrad

Clerk of Circuit Court

Winnebago County Courthouse

P.O. Box 2808

Oshkosh, WI 54903

Christian A. Gossett

District Attorney

P. O. Box 2808

Oshkosh, WI 54903-2808

William E. Schmaal

Asst. State Public Defender

P.O. Box 7862

Madison, WI 53707-7862

Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

Steven M. Bates 501465

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:



	2012AP1388-CRNM	State of Wisconsin v. Steven M. Bates (L.C. # 2011CM1842)

Before Blanchard, J.[1]

Attorney William Schmaal, appointed counsel for Steven Bates, has filed a no-merit report pursuant to Anders v. California, 386 U.S. 738 (1967), and Wis. Stat. Rule 809.32. Counsel provided Bates with a copy of the report, and Bates 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.

Bates pled guilty to one count of criminal damage to property, as a repeater. The court imposed a sentence of thirteen months in prison and eleven months of extended supervision.

The no-merit report addresses whether Bates’s plea was entered knowingly, voluntarily, and intelligently. The plea colloquy sufficiently complied with the requirements of State v. Bangert, 131 Wis. 2d 246, 255-73, 389 N.W.2d 12 (1986), and Wis. Stat. § 971.08 relating to the nature of the charge, the rights Bates 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 Bates’s dangerousness and the need for treatment. The court did not consider improper factors, and reached a reasonable result. There is no arguable merit to this issue.

In Bates’s response, he asserts that the record is not correct in some instances and is hearsay. However, he does identify any specific error in the record, or explain what the correct record would show. His response gives no reason to believe there is an issue with arguable merit.

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 Schmaal is relieved of further representation of Bates in this matter. See Wis. Stat. Rule 809.32(3).

[1] This appeal is decided by one judge pursuant to Wis. Stat. § 752.31(2)(f) (2011-12). All references to the Wisconsin Statutes are to the 20011-12 version unless otherwise noted.