Motor Vehicles – OWI

Listen to this article

Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — prior convictions — collateral attacks

Jaime Salomon appeals from his conviction for operating while intoxicated (OWI) and operating with a prohibited alcohol concentration (PAC), third offense. Salomon collaterally attacks his conviction by claiming that he did not knowingly, intelligently, and voluntarily waive his right to counsel at his second OWI conviction. Specifically, Salomon asserts that, in his 2007 case, he was not advised of the minimum penalty for the offense. We conclude that the State established by clear and convincing evidence that Salomon knowingly, intelligently, and voluntarily waived his right to counsel prior to his 2007 conviction. We therefore uphold the trial court’s denial of Salomon’s motion. This opinion will not be published.

2013AP577-CR State v. Salomon

Dist II, Manitowoc County, Bendix, J., Neubauer, P.J.

Attorneys: For Appellant: Murray, Matthew, Sheboygan; For Respondent: Griesbach, Michael, Manitowoc; Weber, Gregory M., Madison