[Download] "State v. Herfel" by State of Wisconsin in Court of Appeals District IV ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Herfel
- Author : State of Wisconsin in Court of Appeals District IV
- Release Date : January 01, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
1 Dawn M. Herfel appeals a judgment of the circuit court convicting her of operating a motor vehicle while intoxicated (OWI), third offense, contrary to WIS. STAT.346.63(1)(a) (2001-02). Herfel argued below that her current conviction should not be treated as a third offense because her second conviction was unconstitutionally obtained. She alleged that in the prior proceeding she was denied, and did not waive, her constitutional right to an attorney. Herfels motion to collaterally attack her prior OWI conviction was denied by the circuit court because the court concluded that Herfel had failed to make a prima facie case that her right to counsel had been violated. After the circuit court denied the motion, Herfel proceeded to a stipulated trial. The court found her guilty and she was convicted of OWI, third offense. Sentence was imposed and stayed pending this appeal. We conclude that Herfel made a prima facie showing of a constitutional violation of her right to counsel and remand for further proceedings.
![](http://pinterest.com/pin/create/button/?url=https://rooghthxygibp.blogspot.com/2021/05/download-state-v-herfel-by-state-of.html&media=https://is1-ssl.mzstatic.com/image/thumb/Publication/v4/91/50/29/915029bf-d5c8-d676-45d0-45dd919256de/source/700x700bb.jpg&description=[Download] "State v. Herfel" by State of Wisconsin in Court of Appeals District IV ~ Book PDF Kindle ePub Free){kind=link}