[Download] "State v. Verkuilen" by State of Wisconsin in Court of Appeals District III * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Verkuilen
- Author : State of Wisconsin in Court of Appeals District III
- Release Date : January 08, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
1. Edward Verkuilen appeals a judgment convicting him of fifth-offense driving while intoxicated and an order denying his post-conviction motion in which he requested that the sentence be reduced to the maximum allowed for fourth-offense drunk driving. He contends that his 1998 conviction based on a no-contest plea should not be used to enhance his present sentence because his waiver of counsel was invalid for two reasons: (1) the trial court did not inform him of the difficulties and disadvantages of self-representation; and (2) he was not adequately informed of the range of penalties the court could impose. The State concedes that the colloquy for the 1998 waiver of counsel was not adequate under the standards set out in State v. Klessig, 211 Wis. 2d 194, 206-07, 564 N.W.2d 716 (1997). However, the State argues and we agree, however, that it met its burden of proving that Verkuilens waiver of counsel was knowing, intelligent and voluntary despite the defective colloquy.