State v. Lamont Loyd Weber

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 IV
October 8, 2026
To:
Hon. Jeffrey S. Kuglitsch
Circuit Court Judge
Electronic Notice
Amanda Nelson
Clerk of Circuit Court
Rock County Courthouse
Electronic Notice
Michael C. Sanders
Electronic Notice
Lamont Loyd Weber
2001 Leland Drive, Apt. 3
Madison, WI 53711
You are hereby notified that the Court has entered the following opinion and order:
2025AP1522 State of Wisconsin v. Lamont Loyd Weber (L.C. # 2004CF901)
Before Graham, P.J., Blanchard, and Nashold, JJ.
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).
Lamont Loyd Weber, pro se, appeals a circuit court order denying his postconviction
motion filed pursuant to WIS. STAT. § 974.06 (2023-24).1 After reviewing the briefs and record,
we conclude at conference that this case is appropriate for summary disposition. See WIS. STAT.
RULE 809.21. For the reasons that follow, we vacate the order and remand with directions that
the court dismiss Weber’s motion.
1 All references to the Wisconsin Statutes are to the 2023-24 version.

No. 2025AP1522
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In 2007, Weber was convicted of operating a motor vehicle while under the influence of
an intoxicant, 7th offense. Weber completed his sentence, and his judgment of conviction was
discharged in January 2020. Over five years later, Weber filed a WIS. STAT. § 974.06 motion
seeking to withdraw his guilty plea. The circuit court issued a written order denying the motion.
Weber appeals.
On appeal, Weber makes a number of arguments challenging the circuit court’s denial of
his WIS. STAT. § 974.06 motion. We need not address the merits of Weber’s arguments,
however, because his motion failed to meet a threshold requirement for consideration. A
defendant seeking relief pursuant to § 974.06 must be “in custody” in relation to the case being
challenged. § 974.06(1).
When a defendant is “no longer under sentence, nor in custody under the sentence of the
state court” at the time of the filing of a motion for postconviction relief under WIS. STAT.
§ 974.06, the circuit court lacks jurisdiction to entertain the motion. State v. Theoharopoulos,
72 Wis. 2d 327, 330, 240 N.W.2d 635 (1976). That is the situation that occurred here. At the
time Weber filed his postconviction motion for plea withdrawal, he had already completed
serving his sentence and was no longer in state custody. The court therefore lacked jurisdiction
to entertain the postconviction motion. Id. Accordingly, the court should have dismissed, rather
than denied, Weber’s motion. We will vacate the order and remand the matter with instructions
for the circuit court to dismiss Weber’s motion.
Additionally, on our own motion, we have reconsidered our order released on
December 4, 2025, and withdraw the order. See WIS. STAT. RULE 809.24(3).
Therefore,

No. 2025AP1522
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IT IS ORDERED that the order of the circuit court is summarily vacated, and the cause is
remanded with directions to dismiss Weber’s motion.
IT IS FURTHER ORDERED that this court’s order dated December 4, 2025 is
withdrawn.
IT IS FURTHER ORDERED that this summary disposition order will not be published.
Samuel A. Christensen
Clerk of Court of Appeals