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OWI — collateral attack on prior conviction; awareness of minimum penalty

State v. Jaime M. Salomon, 2013AP577-CR, District 2, 8/21/13; court of appeals decision (1-judge; ineligible for publication); case activity

Salomon collaterally attacked his second OWI conviction under State v. Ernst, 2005 WI 107, 283 Wis. 2d 300, 699 N.W.2d 92, arguing his waiver of counsel in the case was invalid because he was not aware of the minimum mandatory penalty for the offense. The transcript of the plea hearing in the prior case shows Salomon admitted to having read the complaint, which included a statement of the minimum penalty, and his testimony at the collateral attack hearing that when he said he had read the complaint he really meant “the police report” was self-serving. Thus, the record showed Salomon was aware of the minimum and maximum penalty for OWI second. (¶¶6-7).

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