State v. McKenzie

Richard McKenzie appeals a conviction of injury by intoxicated use of a motor vehicle contrary to sec. 346.63(2)(a), Stats. On appeal, McKenzie contends that the trial court erred in failing to consider probation as an alternative in sentencing. We conclude that the trial court was required to consider probation as an option and therefore reverse and remand for resentencing.

On December 20,1985, McKenzie was going home from an all-day Christmas party at his place of employment. His truck struck another vehicle, injuring the driver. McKenzie pled no contest to the charge of injury by…