State v. Gaudesi

This review arises out of an unpublished decision of the court of appeals which reversed a judgment of conviction against Joseph Gaudesi for operating a motor vehicle while under the influence of an intoxicant in violation of sec. 346.68(1), Stats., 1979-80. 1 The judgment was entered by the Milwaukee county circuit court, Judge Joseph P. Callan, following a jury trial.

Gaudesi was arrested on November 11, 1980, and charged with violating sec. 346.63(1), Stats., 1979-80. [All references in this opinion are to the 1979-80 statutes unless otherwise indicated.] The criminal complaint stated 2…