By: WISCONSIN LAW JOURNAL STAFF//November 14, 2012//
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 This opinion will not be published.
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