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02-0533-CR State v. Kidd

By: dmc-admin//June 10, 2002//

02-0533-CR State v. Kidd

By: dmc-admin//June 10, 2002//

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This is an appeal from a judgment convicting Michael Kidd of operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited blood alcohol content. Because Kidd had three prior convictions, he was subject to more severe penalties under Wis. Stat. sec. 346.65(2)(d) than for his first, second or third convictions. The trial court denied Kidd’s motion to invalidate two of his prior convictions, and sentenced him as a fourth offender. We conclude that Kidd has made a prima facie showing that two of his prior convictions were obtained without an adequate inquiry into whether Kidd’s waiver of his Sixth Amendment right to counsel was knowing and voluntary.

We therefore reverse and remand with instructions to hold an evidentiary hearing at which the State will be required to prove that Kidd knowingly, intelligently and voluntarily waived his right to counsel.

Not recommended for publication in the official reports.

Dist IV, Iowa County, Dyke, J., Dykman, J.

Attorneys:

For Appellant: Steven Cohen, Madison

For Respondent: Erik C. Peterson, Dodgeville

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