City of Menasha v. Gracia

Defendant pleaded no contest to operating a motor vehicle with a prohibited alcohol content, fourth offense. Defendant appealed, challenging the circuit court's denial of his suppression motion and collaterally attacking a prior conviction as the result of an invalid waiver to the right to counsel. The Supreme Court affirmed, holding (1) the circuit court properly denied Defendant's motion to suppress, as the law enforcement officers' warrantless search of Defendant's bedroom was reasonable under the Fourth Amendment; and (2) despite a technically deficient plea colloquy, Defendant knowingly, intelligently, and voluntarily waived his right to counsel before he pleaded not contest to his second operating a motor vehicle under the influence offense in 1998, and thus the circuit court properly denied the collateral attack of his earlier conviction and thus properly considered the 1998 conviction in determining that Defendant had three prior relevant convictions. View "City of Menasha v. Gracia" on Justia Law