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Motor Vehicles – OWI — prior convictions — collateral attacks
By: WISCONSIN LAW JOURNAL STAFF//December 8, 2011//
Motor Vehicles – OWI — prior convictions — collateral attacks
By: WISCONSIN LAW JOURNAL STAFF//December 8, 2011//
Listen to this articleWisconsin Court of Appeals
Criminal
Motor Vehicles – OWI — prior convictions — collateral attacks
The State of Wisconsin appeals the sentence imposed by the circuit court after Jason Decorah pled no contest to operating under the influence as a fourth offense. The State had charged the OWI as a fifth offense. However, before the circuit court, Decorah collaterally attacked a prior OWI conviction, alleging that he did not validly waive his right to counsel in that prior case. The circuit court agreed. The State argues that the circuit court erred when the court ruled that the prior conviction could not be used for sentencing purposes. I reject the State’s arguments, and affirm. This opinion will not be published.
Dist IV, Dane County, Namara, J., Lundsten, P.J.
Attorneys: For Appellant: Weber, Gregory M., Madison; Humphrey, Paul W., Madison; For Respondent: Chirafisi, Corey C., Madison
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