Motor Vehicles – OWI — prior convictions — collateral attacks

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — prior convictions — collateral attacks

Scott J. Stelzer appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), third offense. Stelzer moved the circuit court to exclude his second OWI when calculating prior convictions. Stelzer asserted that in his second OWI conviction he did not knowingly, intelligently, and voluntarily waive his right to counsel when he pled guilty. Specifically, Stelzer asserts that in his 1996 case he was not advised of his right to an attorney nor was he advised of the benefits of representation and the dangers of self-representation. The circuit court denied Stelzer’s motion, and Stelzer pled no contest to OWI, third offense. On appeal, Stelzer argues that the State failed to prove by clear and convincing evidence that Stelzer’s waiver of the right to counsel in the 1996 case was valid. This opinion will not be published.

2013AP1555-CR State v. Stelzer

Dist II, Manitowoc County, Fox, J., Neubauer, P.J.

Attorneys: For Appellant: Singh, Sarvan, Sheboygan; Murray, Matthew, Sheboygan; For Respondent: Griesbach, Michael, Manitowoc; Weber, Gregory M., Madison