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