State v. Robert M. Christianson

Appeal No. 2024AP1884-CR · Court of Appeals of Wisconsin · February 12, 2026 · No. 2024AP1884-CR

Summary

The Wisconsin Court of Appeals considered Robert Christianson's collateral challenges to three prior OWI convictions used to enhance his current OWI sentence. The court held that the State failed to establish a knowing, intelligent, and voluntary waiver of counsel in the 1999 Minnesota conviction, but met its burden regarding the two Wisconsin convictions. The court affirmed in part, reversed in part, and remanded for resentencing treating the current OWI as a seventh offense.

Holdings

  1. Christianson established a prima facie denial of counsel, and the State failed to prove by clear and convincing evidence that he knowingly, intelligently, and voluntarily waived his constitutional right to counsel. The 1999 conviction therefore could not be used to enhance his current OWI sentence.
  2. Christianson made a prima facie showing of denial of counsel, but the State proved by clear and convincing evidence that he knowingly, intelligently, and voluntarily waived counsel. The 2000 conviction could be counted as a prior conviction.
  3. Christianson made a prima facie showing of denial of counsel, but the State proved by clear and convincing evidence that he knowingly, intelligently, and voluntarily waived counsel. The 2001 conviction could be counted as a prior conviction.
  4. The absence of an on-the-record competency determination by the 1999, 2000, and 2001 courts did not require invalidation of the prior convictions. The reviewing circuit court could determine competency in the collateral proceeding, and its implicit determination that Christianson was competent to proceed without counsel in all three cases was not totally unsupported by the record.

Questions Presented

  1. Whether Christianson made a prima facie showing that he was denied the constitutional right to counsel in each of the three prior convictions used to enhance his current OWI sentence.
  2. Whether the State proved by clear and convincing evidence that Christianson knowingly, intelligently, and voluntarily waived counsel in the 1999 Minnesota, 2000 Wisconsin, and 2001 Wisconsin cases.
  3. Whether the absence of an on-the-record competency determination in the prior cases required invalidation of the prior convictions for sentence-enhancement purposes.
  4. Whether the 1999 Minnesota DWI conviction could be counted as a prior conviction under Wisconsin's OWI penalty scheme.

Disposition

reversed_and_remanded

Cases Cited (14)

  • State v. Klessig, 211 Wis. 2d 194, 564 N.W.2d 716 (1997)(followed)
  • State v. Hahn, 2000 WI 118, 238 Wis. 2d 889, 618 N.W.2d 528(followed)
  • State v. Ernst, 2005 WI 107, 283 Wis. 2d 300, 699 N.W.2d 92(followed)
  • State v. Clark, 2022 WI 21, 401 Wis. 2d 344, 972 N.W.2d 533(followed)
  • State v. Bohlinger, 2013 WI App 39, 346 Wis. 2d 549, 828 N.W.2d 900(followed)
  • Iowa v. Tovar, 541 U.S. 77 (2004)(followed)
  • State v. Baehni, No. 2015AP2263-CR, unpublished slip op. (WI App Apr. 27, 2017)(followed)
  • State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986)(followed)
  • State v. Owens, 148 Wis. 2d 922, 436 N.W.2d 869 (1989)(followed)
  • State v. Hoppe, 2009 WI 41, 317 Wis. 2d 161, 765 N.W.2d 794(followed)

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