Legal Opinion

State v. Holder

Court of Appeals of Wisconsin

Decided July 28, 2011No. 2009AP2952-CRPublished

1Opinion of the CourtSherman, J.

¶ 1. Andrew C. Holder appeals a non-final order of the circuit court denying his pretrial motion to strike, for purposes of prosecution and sentence enhancement on presently charged offenses, a prior conviction for operating a motor vehicle while under the influence of an intoxicant (OWI).1 The two prior convictions arose out of Holder's decision to drink an excessive amount of alcohol and drive from Michigan to Wisconsin, thereby violating the OWI laws of both states. Holder contends that these two prior convictions arose out of the same incident within the meaning of Wis. Stat. §…

2Cases cited6 opinions

  1. Harrell v. StateCourt of Appeals of Wisconsin · 1979
  2. People v. BlumeMichigan Supreme Court · 1993
  3. State v. JorgensenWisconsin Supreme Court · 2008
  4. State v. AndersonWisconsin Supreme Court · 2005
  5. State v. CarterWisconsin Supreme Court · 2010

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