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Motor Vehicles – OWI – prior convictions – collateral attacks
By: WISCONSIN LAW JOURNAL STAFF//April 7, 2015//
Motor Vehicles – OWI – prior convictions – collateral attacks
By: WISCONSIN LAW JOURNAL STAFF//April 7, 2015//
Listen to this articleWisconsin Court of Appeals
Criminal
Motor Vehicles – OWI – prior convictions – collateral attacks
The State of Wisconsin appeals an order granting Sherwood Lebo’s motion to collaterally attack two operating while intoxicated (OWI) convictions and denying the State’s motion for reconsideration.[1] The circuit court concluded: (1) Lebo made a prima facie showing that his right to counsel was violated in the prior proceedings; (2) the burden therefore shifted to the State to prove that Lebo knowingly, intelligently, and voluntarily waived his right to counsel; and (3) the State failed to meet its burden. Conversely, we conclude Lebo failed to make a prima facie showing that his right to counsel was violated. We therefore reverse.
DISTRICT III; Kewaunee; DENNIS J. MLEZIVA, Hoover, P.J., Stark, Hruz, JJ.
2014AP000730-CR State v. Sherwood A. Lebo
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