01-1873 State v. Polak

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“We place particular emphasis on the written waiver of counsel form, used in conjunction with the oral colloquy, because that form unequivocally states Polak’s awareness of the assistance an attorney could provide and that an attorney might discover helpful things unknown to Polak. In addition, the form states that an attorney might be able to get the charge reduced, which directly belies Polak’s argument that he was unaware that an attorney might succeed in obtaining a better plea bargain….

“We conclude that the trial court’s colloquy with Polak, supplemented by the waiver of right to attorney form read and signed by Polak, adequately demonstrates that his waiver of right to counsel was knowing, intelligent and voluntary. Consequently, an evidentiary hearing on this matter was unnecessary. Furthermore, because the trial court conducted an adequate plea colloquy, Polak’s physical presence at the hearing was equally unnecessary. We therefore affirm the judgment of conviction and the order denying postconviction relief.”

Affirmed.

Recommended for publication in the official reports.

Dist II, Kenosha County, Bastianelli, J., Snyder, J.

Attorneys:

For Appellant: Phillip J. Brehm, Janesville

For Respondent: Robert J. Jambois, Kenosha; Christian R. Larsen, Madison