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STATE v. WALCZAK

No. 90-0384-CR.

157 Wis.2d 661 (1990)

460 N.W.2d 797

STATE of Wisconsin, Plaintiff-Appellant, v. Douglas J. WALCZAK, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided August 8, 1990.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the brief of Monika M. Neu, assistant district attorney.

On behalf of the defendant-respondent, the cause was submitted on the brief of Daryl W. Laatsch of Daryl W. Laatsch, S.C. of West Bend.

Before Nettesheim, P.J., Brown and Scott, JJ.

SCOTT, J.

The state appeals from an order dismissing a criminal complaint against Douglas J. Walczak for operating a motor vehicle after revocation of his license, contrary to sec. 343.44, Stats. The state contends that the penalty enhancer provision, sec. 343.44(2)(b),1 applies when the time between convictions is five years or less. The trial court agreed with Walczak that the penalty enhancer applies only when the time between...

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