Opinion
No. 2013AP2775–CR.
2014-04-23
STATE of Wisconsin, Plaintiff–Appellant, v. Casey D. SCHWANDT, Defendant–Respondent.
He averred that he did not knowingly, intelligently, and voluntarily waive his right to counsel, “as I was not advised by the court of the ability of counsel to assist me in my defense.” The circuit court denied Schwandt's motion without a hearing, and after a jury found him guilty as charged, he was convicted and sentenced. Schwandt I, No.2011AP2301, ¶ 15. Because we have already determined that Schwandt made a prima facie case with his initial submissions, 3 we must now consider whether the State proved at the evidentiary hearing, by clear and convincing evidence, that Schwandt had a sufficient understanding at his 1997 plea hearing of the difficulties and disadvantages of proceeding without an attorney. 4 We conclude that the State has met its burden.