State v. Pfeil

¶ 1. Steven L. Pfeil appeals from a judgment convicting him as a habitual criminal of operating while intoxicated, ninth offense, and from an order denying postconviction relief. Pfeil argues that the penalty enhancer for habitual criminality under Wis. Stat. § 939.62(2) (2005-06) 1 does not apply because his two relevant offenses were more than five years apart. He contends that for purposes of the statutory computation, the time he spent in the least restrictive phase of the intensive sanctions program was not "time ... spent in actual confinement serving a criminal sentence."

¶ 2. We…