State v. Tobey

In State v. Tobey, 200 Wis. 2d 781, 548 N.W.2d 95 (Ct. App. 1996), Steven Tobey was convicted of receiving stolen property after pleading no contest. See Tobey, 200 Wis. 2d at 782-83. In October 1993, he was placed on probation. See id. at 783. Tobey's probation was subsequently revoked, and he was sentenced to nine months in jail on May 3, 1995. See id. On May 10, Tobey filed a notice of intent to pursue postconviction relief. See id. He then filed a postconviction motion, alleging that he was not adequately advised of his right to counsel when the court received his October 1993 plea and that he did not voluntarily and intelligently waive his right to counsel at that time. See id. The Court concluded that Tobey was untimely under Wis. Stat. Rule 809.30 because he failed to file a notice of intent to pursue postconviction relief within twenty days of the October 1993 sentencing. See id. at 784. The Court reasoned that: "Tobey chose to begin serving his probation without objecting to the events surrounding his 1993 conviction. Therefore, he cannot now raise these right to counsel issues because he is dissatisfied with the outcome of his sentencing after probation revocation." Id.