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STATE v. MATTSON

No. 86-1458-CR.

140 Wis.2d 24 (1987)

409 N.W.2d 138

STATE of Wisconsin, Plaintiff-Appellant, v. David F. MATTSON, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 5, 1987.

Attorney(s) appearing for the Case

For the plaintiff-appellant, there was a brief submitted by Christine Misurek of Hudson.

For the defendant-respondent, there were briefs submitted by Charles Bennett Vetzner, assistant state public defender of Madison, and John A. Kucinski, assistant state public defender of Hudson.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

The state appeals an order dismissing a complaint charging David F. Mattson with secondoffense drunken driving. The state argues that the trial court erred by concluding that a Minnesota drunken driving conviction could not be counted as a prior conviction under Wisconsin law for purposes of penalty enhancement. We conclude that the trial court properly determined that Minnesota's drunken driving statute is not in conformity with Wisconsin's statute and that...

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