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STATE v. MATKE

No. 03-2278-CR.

278 Wis.2d 403 (2004)

2005 WI App 4

692 N.W.2d 265

STATE of Wisconsin, Plaintiff-Respondent, v. Brandon J. MATKE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 9, 2004.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James B. Connell of Crooks, Low & Connell, S.C., Wausau.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Michael C. Sanders, assistant attorney general, and Peggy A. Lautenschlager, attorney general.

Before Deininger, P.J., Vergeront and Higginbotham, JJ.

¶ 1. DEININGER, P.J.

Brandon Matke appeals a judgment that convicted him of operating a motor vehicle while under the influence of an intoxicant (OMVWI) and imposed a sentence for sixth-offense OMVWI. He claims the trial court erred in sentencing him for a sixth offense because, at the time he committed the instant offense, he had only three prior OMVWI convictions. We conclude that, because Matke had five prior OMVWI...

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