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Motor Vehicles – OWI — prior convictions — collateral attacks
By: WISCONSIN LAW JOURNAL STAFF//September 17, 2013//
Motor Vehicles – OWI — prior convictions — collateral attacks
By: WISCONSIN LAW JOURNAL STAFF//September 17, 2013//
Listen to this articleWisconsin Court of Appeals
Criminal
Motor Vehicles – OWI — prior convictions — collateral attacks
The State appeals a judgment reflecting Glen Bowe’s successful collateral attack of a 2010 operating while intoxicated conviction. The State argues Bowe failed to make a prima facie showing that he was denied his right to counsel in 2010 and, therefore, the circuit court erred by shifting the burden to the State to prove Bowe validly waived his right to counsel. We agree Bowe failed to make the requisite prima facie showing. We therefore reverse and remand for further proceedings. This opinion will not be published.
Dist III, Dunn County, Stewart, J., Mangerson, J.
Attorneys: For Appellant: Peterson, James M., Menomonie; Weber, Gregory M., Madison; Wood Webster, Holly D., Menomonie; For Respondent: Schembera, William A., Menomonie
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