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OWI – Ineffective Assistance of Counsel

By: Derek Hawkins//March 22, 2017//

OWI – Ineffective Assistance of Counsel

By: Derek Hawkins//March 22, 2017//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Bruce T. Henningfield

Case No.: 2015AP1824-CR

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: OWI – Ineffective Assistance of Counsel

Bruce T. Henningfield appeals from a judgment entered after a jury found him guilty of operating a motor vehicle while intoxicated (OWI) and operating a motor vehicle with a prohibited alcohol concentration (PAC), both as his tenth offense and subsequent offense, and resisting an officer. He further appeals from an order denying his motion for postconviction relief. On appeal, he argues that his trial counsel rendered ineffective assistance by implying during opening statements that Henningfield had multiple prior convictions for OWI, that he did not validly waive the element regarding his countable prior convictions, suspensions, or revocations under WIS. STAT. § 343.307(1) (2015-16) so as to lower his PAC to .02, and that his plea and sentence in 2011 to OWI as a fifth offense should have precluded the State from charging him, and the circuit court from sentencing him, to OWI as his tenth and subsequent offense. We reject Henningfield’s arguments and affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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