01-1791-CRNM State v. Rivera

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Alejandro Rivera appeals a judgment convicting him of first-degree intentional homicide as party to a crime. He also appeals an order denying postconviction relief. Rivera was sentenced to a life term in prison with no eligibility for parole. Appellate counsel has filed a no merit report pursuant to Wis. Stat. Rule 809.32 and Anders v. California, 386 U.S. 738 (1967). Upon receiving a copy of the report, Rivera has filed a response.

The no merit report addresses whether there is any arguable merit to challenge Rivera’s conviction based upon ineffective assistance of counsel. In the context of this issue, the report discusses: (1) the admissibility of Rivera’s statements to law enforcement officers and a witness; (2) the trial court’s allegedly inappropriate comments in the presence of the jury; (3) whether Rivera was present during in-chambers individual voir dire; and (4) defense counsel’s allegedly deficient cross-examination of a witness.

Rivera’s response challenges counsel’s effectiveness, the trial court’s comments, Rivera’s alleged absence during voir dire, references to his gang associations, and the effectiveness of cross-examination of a prosecution’s witness. Although not addressed, we also review the sufficiency of the evidence, the court’s ruling on suppression motions, Rivera’s mental health evaluations and the sentencing court’s discretion. Based upon our independent review of the record, together with the no merit report and response, we conclude that there exists no issue of arguable merit.

Therefore, we discharge counsel of any further obligation to represent Rivera and affirm the judgment and order.

This opinion will not be published.

Dist III, Douglas County, McDonald, J., Per Curiam

Attorneys:

For Appellant: Alejandro Rivera, Boscobel; Timothy J. Gaskell, Westby

For Respondent: Daniel W. Blank, Superior; Susan M. Crawford, Madison