2015AP2535-CR, 2015AP2525-CR•State v. Arthur Allen Freiboth
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Appeal No. 2015AP2535-CR Cir. Ct. No. 2014CF3338 WISCONSIN COURT OF APPEALS DISTRICT I STATE OF WISCONSIN, PLAINTIFF-RESPONDENT, V. ARTHUR ALLEN FREIBOTH, DEFENDANT-APPELLANT. FILED FEB 26, 2018 Sheila T. Reiff Clerk of Supreme Court CERTIFICATION BY WISCONSIN COURT OF APPEALS Before Sherman, Blanchard, and Kloppenburg, JJ. Pursuant to RULE 809.61, STATS., we certify the present appeal to the Wisconsin Supreme Court to decide whether a defendant who was not advised at the time of the plea that he or she faced multiple mandatory DNA surcharges has grounds for plea withdrawal. This is the precise issue on which the Wisconsin Supreme Court previously accepted certification in State v. Odom, No. 2015AP2525-CR. However, the appellant in Odom has now voluntarily dismissed that appeal. The Odom certification presents a thorough discussion of the issue, which we do not repeat here. We note that this court had over fifty cases on hold pending a decision in Odom, and that additional no-merit appeals with this issue arrive in this court each month. Therefore, resolution of the issue remains highly significant.
No. 2015AP2535-CR 2 We appreciate that the Wisconsin Supreme Court is currently scheduled to hear two companion cases dealing with other DNA surcharge issues on March 16, 2018. We do not know if it is feasible on this timeline for this case to be added to that oral argument schedule. Either way, we believe that it is appropriate to certify this case to give the Wisconsin Supreme Court a vehicle to address this issue, either in isolation or along with the other pending cases involving DNA surcharge issues.
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Appeal No. = 2015AP2535-CR Cir. Ct. No. 2014CF3338 WISCONSIN COURT OF APPEALS DISTRICT I STATE OF WISCONSIN, PLAINIIFF-RESPONDENT, FILED Vv. FEB 26, 2018 ARTHUR ALLEN FREIBOTH, Sheila T. Reiff Clerk of Supreme Court DEFENDANI-APPELLANT. CERTIFICATION BY WISCONSIN COURT OF APPEALS Before Sherman, Blanchard, and Kloppenburg, JJ. Pursuant to RULE 809.61, STATS., we certify the present appeal to the Wisconsin Supreme Court to decide whether a defendant who was not advised at the time of the plea that he or she faced multiple mandatory DNA surcharges has grounds for plea withdrawal. This is the precise issue on which the Wisconsin Supreme Court previously accepted certification in Slate v. Odom No. 2015AP2525-CR. However, the appellant in Odom has now voluntarily dismissed that appeal. The Odom certification presents a thorough discussion of the issue, which we do not repeat here. We note that this court had over fifty cases on hold pending a decision in Odom, and that additional no-menit appeals with this issue arrive in this court each month. Therefore, resolution of the issue remains highly significant. No. 2015AP2535-CR 2 We appreciate that the Wisconsin Supreme Court is currently scheduled to hear two companion cases dealing with other DNA surcharge issues on March 16, 2018. We do not know if it is feasible on this timeline for this case to be added to that oral argument schedule. Either way, we believe that it is appropriate to certify this case to give the Wisconsin Supreme Court a vehicle to address this issue, either in isolation or along with the other pending cases involving DNA surcharge issues.
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