State v. Kandutsch

¶ 1. This is a review of an *482unpublished decision of the court of appeals,1 affirming a judgment of conviction2 for operating a motor vehicle while under the influence of an intoxicant, fifth and subsequent offense, in violation of Wis. Stat. § 346.63(l)(a) (2007-08).3

¶ 2. The interesting feature of this case is that the defendant's conviction rests entirely on circumstantial evidence because no witness saw him operating a motor vehicle or even sitting in a motor vehicle. The evidence that Gregg Kandutsch (Kandutsch) was operating a motor vehicle after heavily drinking is based in large part…