By: WISCONSIN LAW JOURNAL STAFF//May 16, 2012//
By: WISCONSIN LAW JOURNAL STAFF//May 16, 2012//
Wisconsin Court of Appeals
Criminal
Motor Vehicles – OWI — prior convictions — collateral attacks
Casey D. Schwandt appeals from a judgment convicting him of operating a motor vehicle while intoxicated (OWI), third offense. He challenges an order denying his collateral attack on a 1997 conviction for operating while intoxicated, second offense. Schwandt alleges that, during the 1997 OWI proceedings, his waiver of his right to counsel was not knowing, voluntary and intelligent. We conclude that Schwandt made a prima facie showing that he did not knowingly, voluntarily and intelligently waive the right to counsel. We reverse the judgment and remand for further proceedings. This opinion will not be published.
2011AP2301-CR State v. Schwandt
Dist II, Green Lake County, Pfitzinger, J., Neubauer, P.J.
Attorneys: For Appellant: Johnson, Erik C., Montello; For Respondent: Weber, Gregory M., Madison; Collins, Winn S., Green Lake