By: Rick Benedict//August 11, 2011//
Motor Vehicles
OWI; prior convictions; collateral attacks
Jonathan Reynolds appeals a judgment of the circuit court convicting him of operating a motor vehicle while under the influence of an intoxicant (OWI), third offense, contrary to Wis. Stat. § 346.63(1)(a), and an order of the court denying his motion collaterally attacking, for sentencing purposes, his second offense OWI conviction. He argues that his current OWI conviction should not have been treated as his third offense because his waiver of counsel with respect to his second offense OWI conviction was not knowing, intelligent and voluntary in that he was not aware of the potential range of penalties for that offense. I conclude that Reynolds knowingly, voluntarily, and intelligently waived his right to counsel, and therefore affirm. This opinion will not be published.
2011AP512-CR State v. Reynolds
Dist IV, Columbia County, Miller, J., Sherman, J.
Attorneys: For Appellant: Cohen, Steven, Madison; For Respondent: Weber, Gregory M., Madison; Cross, Troy Dean, Portage