City of Eau Claire v. Melissa M. Booth

*599REBECCA G. BRADLEY, J.

¶ 1. This case is before the court on the City of Eau Claire's petition to bypass the court of appeals pursuant to Wis. Stat. § (Rule) 809.60 (2013-14).1 We are asked to determine whether a circuit court lacks subject matter jurisdiction to enter a civil forfeiture under a municipal ordinance for a first-offense operating while intoxicated (OWI) that factually should have been criminally charged as a second-offense OWI due to an undiscovered prior countable conviction.2 We conclude that a circuit court lacks competency but retains subject matter jurisdiction when it…