01-1051-CR State v. Delaney

By: dmc-admin//January 28, 2002//

Listen to this article

Richard W. Delaney appeals from a judgment of conviction and sentence for operating while intoxicated (OWI), third offense. Richard first argues that the trial court erroneously denied his motion to suppress a statement of confession given to the police prior to receiving a Miranda warning. Richard contends that his statement that he was the driver of a car involved in a hit-and-run accident was obtained during a custodial interrogation and should have been suppressed.

Richard additionally challenges the trial court’s application of the penalty enhancement statute, Wis. Stat. sec. 939.62, as he was already subject to the penalty enhancers for multiple offenses pursuant to Wis. Stat. sec. 346.65(2)(c).

We reject both of Richard’s arguments.

We affirm the judgment of conviction.

This opinion will not be published.

Dist II, Kenosha County, Wilk, J., Nettesheim, J.

Attorneys:

For Appellant: Joseph Cincotta, Milwaukee

For Respondent: Richard A. Ginkowski, Kenosha

Select Region or Brand

Upcoming Event