By: Derek Hawkins//March 1, 2017//
WI Court of Appeals – District III
Case Name: Eau Claire county Sheriff’s Department v. Duane D. Collier
Case No.: 2016AP366
Officials: Stark, P.J.
Focus: Motion to Vacate – Competency
Duane Collier appeals an order denying his motion to vacate a 1992 Eau Claire County Circuit Court judgment of conviction for firstoffense operating while intoxicated (OWI). He argues this judgment should be vacated because the court lacked competency to exercise subject matter jurisdiction and convict him of first-offense OWI when the offense in question should have been properly charged as a criminal second-offense OWI. Collier also argues the Eau Claire County Sheriff’s Department (the County) lacked authority to prosecute the matter. We conclude Collier forfeited his right to challenge both the court’s competency to proceed and the County’s authority to prosecute this case and, accordingly, affirm.