Appellate court rejects appeal of conviction for felony DWI

A state appellate court has upheld the Jefferson County Court conviction of a Dexter woman on a felony driving while intoxicated charge.

Lisa L. Schwander, 44, is serving 21/3 to seven years in prison at Albion Correctional Facility based on a July 1, 2008, sentence in County Court.

She was referred to Drug Court following a Jan. 18, 2007, guilty plea to felony DWI after being charged in November 2006 in connection with a hit-and-run accident on Coffeen Street. In July 2008, she admitted violating her Drug Court contract by continuing to consume alcohol and was sentenced to prison.

She appealed the conviction to the state Appellate Division, Fourth Judicial Department, which unanimously affirmed the lower court's order in a decision released Friday.

The appellate court rejected her claims that a waiver of her right to appeal was not made knowingly and voluntarily. The court said the valid waiver of the right to appeal encompassed her further contention that County Court abused its discretion in terminating her from the Drug Court program, as well as her challenge to the severity of the sentence.

She also claimed she was denied effective assistance of counsel, a contention the appellate court rejected on the basis that she never moved to withdraw her guilty plea or to have the conviction vacated on those grounds.