OWI – Motion for Reconsideration Denied

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Aman D. Singh

Case No.: 2018AP2412-CR

Officials: KLOPPENBURG, J.

Focus: OWI – Motion for Reconsideration Denied

In a previous appeal by Aman Singh of his conviction for operating while intoxicated (OWI) as a second offense, this court summarily reversed and remanded to the circuit court to provide the relief that Singh sought on appeal, specifically, relief due under WIS. STAT. § 973.13, which this court stated “provides only one remedy: voiding any penalty in excess of the statutory maximum.” State v. Singh, No. 2017AP1609, unpublished slip op. ¶11 (WI App July 26, 2018).

On remand, the circuit court issued an order providing that, “pursuant to WIS. STAT. § 973.13, the Court commutes any sentence above the maximum penalty authorized by law.” The court denied Singh’s subsequent motion for reconsideration because the court had “granted [the] relief directed by [the] Court of Appeals.”

Singh, pro se, now appeals the circuit’s court denial of his motion for reconsideration. Singh argues that the circuit court erred by misreading this court’s mandate and that he is entitled to vacation of the judgment of conviction and to a refund of the fine, or, alternatively, to withdrawal of his plea, based on either a correct reading of this court’s appellate mandate or a recently issued Wisconsin Supreme Court decision.

As I explain, I conclude that the circuit court correctly interpreted this court’s mandate and that Singh forfeited the argument he asserts is based on the recent Wisconsin Supreme Court decision.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.