State of Wisconsin s8

STATE OF WISCONSIN CIRCUIT COURT ______COUNTY

STATE OF WISCONSIN,

Plaintiff,

v. Case No. ______

______,

Defendant.

MOTION TO WITHDRAW AS POSTCONVICTION COUNSEL

Undersigned counsel hereby moves to withdraw as postconviction/appellate counsel in the above-captioned case pursuant to Wis. Stat. Rule 809.30(4). The grounds for the motion are as follows: 1. On ______, 20___, the defendant was convicted of ______. The ______County Circuit Court, the Honorable ______presiding, sentenced the defendant to ______. 2. The defendant filed a timely notice of intent to pursue postconviction relief, after which undersigned counsel was appointed to represent him on appeal. Counsel has spoken with ______regarding (his) (her) case and options for appeal. On ______, 20___, ______informed counsel that (he) (she) wishes to proceed on appeal (pro se) (with retained counsel), and asked counsel to withdraw from the case. 3. Undersigned counsel has informed ______that, if this motion is granted, the State Public Defender will not appoint another attorney to represent (him) (her) in this matter. 4. On the same date of the filing of this motion, undersigned counsel has filed with the court of appeals a motion for an extension of ______’s deadline for filing a postconviction motion or notice of appeal under Rule 809.30(2)(h). 5. A copy of this motion is being served on the defendant, the State Public Defender’s Appellate Division, and opposing counsel.

THEREFORE, counsel respectfully asks this court to enter an order permitting counsel to withdraw in accord with ______’s request.

Dated this day of , 20 . Respectfully submitted,

[Attorney’s name] State Bar No. ______

[Attorney’s address] [Attorney’s phone number] cc: SPD – Appellate Division

[Opposing counsel]

[Defendant]