Motor Vehicles – OWI — prior convictions — collateral attacks

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — prior convictions — collateral attacks

The State appeals from Joseph L. Hernandez’s successful collateral attack of a 2000 OWI conviction. The State argues that the trial court erred by basing its decision on the defendant’s lack of memory of what happened in 2000 and a corresponding lack of evidence in the record of what occurred in the 2000 case. We disagree with the State’s interpretation of the trial court’s decision. Although the trial court acknowledged that the defendant’s memory as to certain details was unclear, it relied on the defendant’s memory of not receiving information regarding his right to counsel, which was corroborated by a record that lacked any evidence that the information was in fact given. We affirm. This opinion will not be published.

2012AP2148-CR State v. Hernandez

Dist II, Walworth County, Reddy, J., Brown, C.J.

Attorneys: For Appellant: Weber, Gregory M., Madison; Wiedenfeld, Zeke, Elkhorn; For Respondent: Mishlove, Andrew, Milwaukee