Motor Vehicles – OWI

Listen to this article

Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — ineffective assistance

Maurice Corbine, pro se, appeals a judgment convicting him of fifth-offense operating with a prohibited alcohol concentration and second-offense operating after revocation. He also appeals an order denying postconviction relief. Corbine claims his trial attorney was ineffective by failing to obtain and review a DVD of Corbine performing field sobriety tests and by failing to argue that the PAC count should have been charged as a fourth offense. He also contends the circuit court erred by denying his request for a Machner hearing on these issues.

We conclude Corbine was entitled to a Machner hearing with respect to his attorney’s failure to obtain and review the DVD. However, we agree with the circuit court that Corbine’s attorney was not ineffective by failing to argue the PAC count should have been charged as a fourth offense. We therefore affirm in part, reverse in part, and remand for further proceedings. This opinion will not be published.

2013AP648-CR State v. Corbine

Dist III, Sawyer County, Anderson, J., Per Curiam

Attorneys: For Appellant: Corbine, Maurice J., pro se; For Respondent: Poquette, Bruce R., Hayward; Probst, Robert, Madison