Summary
The Wisconsin Court of Appeals dismissed Gustin J. King's no-merit appeal for lack of appellate jurisdiction. The court held that a judgment of conviction on three misdemeanor counts was not final under Wisconsin Statutes § 808.03(1) because a felony count remained unresolved under a Deferred Judgment Agreement, and it denied King's alternative request for leave to appeal a non-final order.
Holdings
- A judgment of conviction on some counts is not final for purposes of appeal under WIS. STAT. § 808.03(1) when another charged criminal count in the same matter remains unresolved because dismissal or conviction has been deferred under a Deferred Judgment Agreement. The court therefore lacked jurisdiction over the premature appeal.
- The court declined to exercise its discretion to grant leave to appeal a non-final order because the criteria under WIS. STAT. § 808.03(2) were not satisfied.
Questions Presented
- Whether the Wisconsin Court of Appeals had appellate jurisdiction over a judgment of conviction on three counts when a fourth criminal count in the same case remained unresolved under a Deferred Judgment Agreement.
- Whether the court should grant leave to appeal a non-final order under WIS. STAT. § 808.03(2) so that no-merit review of the misdemeanor convictions could proceed.
Disposition
dismissed
Cases Cited (6)
- Carla B. v. Timothy N., 228 Wis. 2d 695, 698, 598 N.W.2d 924 (Ct. App. 1999)(followed)
- State v. Malone, 136 Wis. 2d 250, 257-60, 401 N.W.2d 563 (1987)(followed)
- State v. Rabe, 96 Wis. 2d 48, 57, 291 N.W.2d 809 (1980)(followed)
- Thomas/Van Dyken Joint Venture v. Van Dyken, 90 Wis. 2d 236, 242-43, 279 N.W.2d 459 (1979)(considered)
- Anchor Savings & Loan Ass’n v. Coyle, 148 Wis. 2d 94, 100, 435 N.W.2d 727 (1989)(considered)
- State ex rel. Kalal v. Circuit Ct. for Dane Cnty., 2004 WI 58, ¶45, 271 Wis. 2d 633, 681 N.W.2d 110(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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