State v. Foust

In State v. Foust, 214 Wis. 2d 568, 570 N.W.2d 905 (Ct. App. 1997), the defendant was charged with a third motor vehicle while under the influence of an intoxicant (OMVWI) offense on October 15, 1995. See id. at 570. The enhanced charge relied upon a prior OMVWI forfeiture judgment dated February 16, 1989, and a second OMVWI misdemeanor conviction on November 17, 1993. See id. Foust was allowed to collaterally challenge the prior criminal conviction under State v. Baker, 169 Wis. 2d 49, 485 N.W.2d 237 (1992). See Foust, 214 Wis. 2d at 572. The State conceded that the conviction was constitutionally defective because the guilty plea was not knowing, voluntary and intelligent. See Foust, 214 Wis. 2d at 570-71. Because the second criminal conviction could not be relied upon to charge or enhance the third offense, and because the remaining forfeiture offense was more than five years old, we held that Foust could only be subjected to forfeiture penalties for the October 15, 1995 OMVWI charge. See Foust, 214 Wis. 2d at 576.