01-0183-CR State v. Wakershauser

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Neil Wakershauser appeals a judgment of conviction and sentence for operating a motor vehicle while intoxicated (OWI) as a fourth offense. On appeal, he originally challenged the validity of both his second and third prior convictions, claiming that he did not knowingly, voluntarily, and intelligently waive his right to counsel with respect to the second conviction and did not knowingly, voluntarily, and intelligently waive other constitutional rights with respect to both convictions. However, he now concedes, and we agree, that under State v. Hahn, 2000 WI 118, 238 Wis.2d 889, 618 N.W.2d 528, he may collaterally attack a prior conviction in a subsequent criminal case only on the basis of a denial of his constitutional right to assistance by counsel. Therefore, we address only his challenge on this basis to his second prior conviction. We conclude Wakershauser validly waived his right to counsel with respect to that conviction.

We therefore affirm.

This opinion will not be published.

Dist IV, Adams County, Polivka, J., Vergeront, J.

Attorneys:

For Appellant: Michele Anne Tjader, Madison

For Respondent: Mark D. Thibodeau, Friendship; Thomas M. Croke, Friendship