State v. Meddaugh

This case, originally a single-judge appeal pursuant to sec. 752.31(2)(f), Stats., was ordered to be heard and decided by a panel because of the importance of the issue raised: whether trial courts have the authority to order probation for a defendant convicted of driving while intoxicated for the third time in five years in light of sec. 346.65(2) (c), Stats., which provides that such persons “[s]hall be ... imprisoned for not less than 30 days nor more than one year ....” More specifically, the question is whether a condition of probation requiring the defendant to spend thirty days in the…