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Criminal Procedure — ineffective assistance

Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

Daniel Perry Oswald, pro se, appeals an order denying his postconviction motion brought pursuant to Wis. Stat. § 974.06, alleging ineffective assistance of counsel. Oswald contends his lawyer should have argued during postconviction proceedings and on direct appeal from his conviction of two counts of homicide by negligent operation of a motor vehicle that the circuit court misused its discretion at sentencing because: (1) the circuit court punished him for exercising his right to a jury trial; (2) the circuit court said that Oswald knew the witnesses who supported his alibi were testifying inaccurately; and (3) the circuit court imposed an unduly harsh sentence. We affirm. This opinion will not be published.

2011AP1837 State v. Oswald

Dist I, Milwaukee County, Ashley, J., Per Curiam

Attorneys: For Appellant: Oswald, Daniel Perry, pro se; For Respondent: Loebel, Karen A., Milwaukee; Pray, Eileen W., Madison

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