State v. K. K. C.

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OFFICE OF THE CLERK WISCONSIN COURT OF APPEALS 110 EAST MAIN STREET, SUITE 215 P.O. BOX 1688 MADISON, WISCONSIN 53701-1688 Telephone (608) 266-1880 TTY: (800) 947-3529 Facsimile (608) 267-0640 Web Site: www.wicourts.gov DISTRICT I/IV November 28, 2017 To: Hon. Jane V. Carroll Circuit Court Judge Civil/Small Claims Court 901 N. 9th St., Rm 409 Milwaukee, WI 53233 Josh Steib Juvenile Clerk Children's Court Center 10201 W. Watertown Plank Rd. Milwaukee, WI 53226 Gregory Bates Bates Law Offices P.O. Box 70 Kenosha, WI 53141-0070 John T. Chisholm Assistant District Attorney Milwaukee County District Attorney's Office 10201 W. Watertown Plank Rd. Wauwatosa, WI 53226 Steven V. Licata 10139 N. Foxkirk Drive Mequon, WI 53097 Karen A. Loebel Asst. District Attorney 821 W. State St. Milwaukee, WI 53233 Bureau of Milwaukee Child Welfare Arlene Happach 635 N. 26th St. Milwaukee, WI 53233-1803 K. K. C. 3703 N. 26th. St. Milwaukee, WI 53206 Criminal Appeals Unit Department of Justice P.O. Box 7857 Madison, WI 53707-7857 You are hereby notified that the Court has entered the following opinion and order: 2016AP2349-NM In the interest of K.K.C., a person under the age of 17: State of Wisconsin v. K.K.C. (L.C. # 2015JV410) Before Fitzpatrick, J.1 Summary disposition orders may not be cited in any court of this state as precedent or authority, except for the limited purposes specified in WIS. STAT. RULE 809.23(3). No. 2016AP2349-NM Attorney Gregory Bates, appointed counsel for K.K.C., filed a no-merit report pursuant to WIS. STAT. RULE 809.32 (2015-16). Counsel provided K.K.C. with a copy of the report, and both counsel and this court advised him of his right to file a response. K.K.C. has not responded. I conclude that this case is appropriate for summary disposition. See WIS. STAT. RULE 809.21. After my independent review of the record, I conclude there is no arguable merit to any issue that could be raised on appeal. The court found K.K.C. delinquent on three counts: intentionally pointing a firearm at a law enforcement officer, possession of a dangerous weapon, and resisting or obstructing an officer. The court ordered a disposition of nine months of placement at home, with supervision. The no-merit report addresses whether the circuit court complied with the time limits applicable to juvenile cases. I agree with the report’s conclusion that there is no arguable merit to this issue because K.K.C. did not object to any adjournments, and the court found good cause when necessary. The no-merit report addresses whether the evidence was sufficient to support the circuit court’s finding of delinquency on the three counts. Without attempting to recite the evidence in detail here, I conclude that the testimony of the State’s witnesses was not inherently incredible and, if believed, was sufficient to support the court’s findings. 1 This appeal is decided by one judge pursuant to WIS. STAT. § 752.31(2)(e) (2015-16). All references to the Wisconsin Statutes are to the 2015-16 version unless otherwise noted. 2 No. 2016AP2349-NM The no-merit report addresses whether the court erred in setting disposition. This issue may be moot, as the expiration date of the disposition had passed by the time the no-merit report was filed. However, I see no basis to argue that the court erroneously exercised its discretion. My review of the record discloses no other potential issues for appeal. Therefore, IT IS ORDERED that the order finding K.K.C. delinquent is summarily affirmed. See WIS. STAT. RULE 809.21. IT IS FURTHER ORDERED that Attorney Bates is relieved of further representation of K.K.C. in this matter. See WIS. STAT. RULE 809.32(3). IT IS FURTHER ORDERED that this summary disposition order will not be published. Diane M. Fremgen Clerk of Court of Appeals 3

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