Legal Opinion

State v. Corvino

Court of Appeals of Wisconsin

Decided June 14, 2016No. 2015AP584-CRPublished

1Opinion of the CourtStark, P.J.

¶ 1. A criminal complaint charged Brian Corvino with fourth-offense operating while intoxicated (OWI) as a felony. The State subsequently filed an Information charging Corvino with fourth-offense OWI as a misdemeanor. The parties later reached a plea agreement, under which Corvino agreed to plead guilty or no contest to the misdemeanor charge. However, the circuit court rejected the plea agreement, concluding that, under Wis. Stat. § 967.055(2)(a),1 the State was required to apply to the court before amending the OWI-fourth charge from a felony to a misdemeanor. The court further concluded…

2Cases cited13 opinions

  1. State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
  2. State v. PettitCourt of Appeals of Wisconsin · 1992
  3. Charolais Breeding Ranches, Ltd. v. FPC Securities Corp.Court of Appeals of Wisconsin · 1979
  4. Bruno v. Milwaukee CountyWisconsin Supreme Court · 2003
  5. State Ex Rel. Friedrich v. Circuit Court for Dane CountyWisconsin Supreme Court · 1995

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