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STATE v. THOMPSON

No. 86-0592-CR.

134 Wis.2d 330 (1986)

397 N.W.2d 121

STATE of Wisconsin, Plaintiff-Respondent, v. Allen A. THOMPSON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 8, 1986.

Attorney(s) appearing for the Case

For the defendant-appellant, the cause was submitted on the brief of Terry W. Rose of Rose & Rose, Kenosha.

For the plaintiff-respondent, the cause was submitted on the briefs of Gerald P. Ptacek, district attorney and Zoe A. Stowers, assistant district attorney for Racine county and Bronson C. La Follette, attorney general and Christopher G. Wren, assistant attorney general.

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

BROWN, P.J.

In this case, Allen A. Thompson was sentenced as a second offender for an alcohol related driving offense even though he had been convicted but once of driving while intoxicated. He claims that the statute allowing this circumstance is unconstitutional because it denies him equal protection of the laws. We disagree and affirm.

This appeal was originally assigned as a one-judge appeal pursuant to sec. 752.31(2), Stats. Because the issue is recurring...

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