Motor Vehicles – OWI; jurisdiction; prior convictions

By: WISCONSIN LAW JOURNAL STAFF//April 10, 2012//

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Motor Vehicles
OWI; jurisdiction; prior convictions

David D. Austin, pro se, appeals the order denying his postconviction motion seeking to vacate his conviction for operating while intoxicated (OWI), fourth offense. Austin argues that the trial court erroneously exercised its discretion by claiming that it had no jurisdiction over his case and by denying his motion for reconsideration. He also argues that his attorney was ineffective for permitting him to plead no contest to OWI, fourth offense. He further claims he has only been convicted of OWI once in the past ten years—not three times, as the State claimed, and thus, his conviction should be vacated. This court disagrees and affirms. This opinion will not be published.

2011AP1042 State v. Austin

Dist. I, Milwaukee County, DiMotto, J., Curley, J.

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