Legal Opinion

State v. MacHgan

Court of Appeals of Wisconsin

Decided November 28, 2007No. 2006AP2836-CRPublishedCited by 6 opinions

1Opinion of the Court

ANDERSON, EJ.

¶ 1. The State of Wisconsin appeals from an order of the circuit court finding that Daniel J. Machgan's administrative suspension in Missouri does not count as a prior OWI 1 conviction for the purpose of Wisconsin's OWI graduated penalty scheme. We agree with the circuit court's finding and affirm.

¶ 2. The facts are undisputed. On August 5, 2006, Machgan was arrested in Walworth county for OWI in violation of Wis. Stat. § 346.63(l)(a) (2005-06). 2 On August 30, 2006, the State filed an amended criminal complaint charging Machgan with OWI as a fourth offense. As a basis for one of…

2Cases cited4 opinions

  1. State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
  2. State v. SveumCourt of Appeals of Wisconsin · 2002
  3. State v. ListCourt of Appeals of Wisconsin · 2004
  4. Estate of Gonwa Ex Rel. Gonwa v. Wisconsin Department of Health & Family ServicesCourt of Appeals of Wisconsin · 2003

3Cited by6 opinions

  1. State v. CarterWisconsin Supreme Court · 2010
  2. Notz v. Everett Smith Group, Ltd.Court of Appeals of Wisconsin · 2008
  3. State v. BrandtCourt of Appeals of Wisconsin · 2009
  4. State v. CarterCourt of Appeals of Wisconsin · 2009
  5. Notz v. Everett Smith Group, Ltd.Court of Appeals of Wisconsin · 2008

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