May 22, 2008

State of New Jersey vs. William Schadewald

05-05-08* State of New Jersey vs. William Schadewald
A-1191-06T5

1. A defendant convicted of a second or subsequent
offense of driving while intoxicated (DWI), N.J.S.A. 39:4-50,
who seeks a step-down in sentence on the ground that one or more
of the prior convictions were uncounseled, pursuant to State v.
Laurick, 120 N.J. 1, cert. denied, 498 U.S. 967, 111 S. Ct. 429,
112 L. Ed. 2d 413 (1990), must first petition for post-
conviction relief (PCR) in the municipal court in which the
prior uncounseled conviction occurred.

2. The PCR proceeRule 7:10-2(f) and (g).

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