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STATE v. NOVAK

No. 81-538-CR.

107 Wis.2d 31 (1982)

318 N.W.2d 364

STATE of Wisconsin, Plaintiff-Respondent, v. Frank G. NOVAK, Jr., Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided April 27, 1982.

Attorney(s) appearing for the Case

For the defendant-petitioner there were briefs and oral argument by Charles Bennett Vetzner, chief, appellate division, office of state public defender.

For the plaintiff-respondent the cause was argued by Jerome S. Schmidt, assistant attorney general, with whom on brief was Bronson C. La Follette, attorney general.

Affirming 105 Wis.2d 757, 315 N.W.2d 729.

DAY, J.

This is a review of a decision of the court of appeals which affirmed a judgment of the circuit court for Chippewa county, Hon. Richard H. Stafford, Judge, convicting Frank G. Novak, Jr. (hereinafter defendant) of operating a motor vehicle while under the influence of an intoxicant in violation of sec. 346.63(1), Stats. 1979-80,1 and sentencing the defendant to five days in jail...

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