By: WISCONSIN LAW JOURNAL STAFF//March 12, 2014//
By: WISCONSIN LAW JOURNAL STAFF//March 12, 2014//
Wisconsin Court of Appeals
Criminal
Motor Vehicles – OWI — prior convictions — collateral attacks
The State appeals from a nonfinal order granting Kyle J. Brunner’s motion collaterally attacking two prior convictions for operating a motor vehicle while intoxicated.[1] The State contends that Brunner failed to make a prima facie showing that his prior convictions were obtained in violation of his constitutional right to counsel. We determine that even assuming Brunner’s written motion alleged sufficient facts entitling him to a hearing, his sworn testimony did not support or establish his factual allegations. We conclude that Brunner failed to make a prima facie showing sufficient to shift the burden of proof to the State, and we reverse. This opinion will not be published.
Dist II, Sheboygan County, Bolgert, J., Per Curiam
Attorneys: For Appellant: Sanders, Michael C., Madison; Wagner, Mary T., Sheboygan; For Respondent: Krahn, Ellen J., Madison