Opinion
Case No. 97-3230-CR.
Opinion Released: April 9, 1998 Opinion Filed: April 9, 1998 This opinion will not be published. See Rule 809.23(1)(b)5, Stats.
APPEAL from an order of the circuit court for Dane County: P. CHARLES JONES, Judge. Affirmed.
Before Eich, C.J., Dykman, P.J., and Deininger, J.
Nathan Gillis, pro se, appeals the trial court's order denying his postconviction motion brought pursuant to § 974.06, Stats. Following our review of the record, the briefs and the governing law, we conclude that the trial court's decision denying the postconviction motion correctly addresses Gillis's arguments and applies the appropriate law to the facts. Gillis has failed to show a "sufficient reason" for not raising his claims during his direct appeal. See State v. Escalona-Naranjo , 185 Wis.2d 168, 181-84, 517 N.W.2d 157, 162-63 (1994). We incorporate the trial court's decision into this opinion and affirm the order on that basis. See Wis. Ct. App. IOP VI(5)(a) (June 13, 1994) (appeals court may incorporate trial court's decision where that decision adequately expresses appellate court's view of the law).
On March 7, 1996, we affirmed the judgment of conviction concluding that "any further appellate proceedings would be without arguable merit and would be wholly frivolous." See Anders v. California , 386 U.S. 738 (1967), and Rule 809.32, Stats. Gillis was advised of his right to respond to the no merit report filed by his appointed appellate counsel, raising any issues he believed were arguably meritorious, but he did not do so.
By the Court. — Order affirmed.
AN EXHIBIT HAS BEEN ATTACHED TO THIS OPINION. THE EXHIBIT CAN BE OBTAINED UNDER SEPARATE COVER BY CONTACTING THE WISCONSIN COURT OF APPEALS.
COURT OF APPEALS OF WISCONSIN ROOM 215, 110 E. MAIN STREET POST OFFICE BOX 1688 MADISON, WISCONSIN 53701-1688 TELEPHONE: (608) 266-1880 FAX: (608) 267-0640 Marilyn L. Graves, Clerk Court of Appeals