State v. Novak

This is a review of a decision of the court of appeals which affirmed a judgment of the circuit court for Chippewa county, Hon. Richard H. Stafford, Judge, convicting Frank G. Novak, Jr. (hereinafter defendant) of operating a motor vehicle while under the influence of an intoxicant in violation of sec. 346.63(1), Stats. 1979-80,1 and sentencing the defendant to five days in jail which sentence was stayed pending further order of the trial court.

The issue in this case is: Does imposition of five days incarceration as punishment for having been twice convicted within a five year period of…