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STATE v. McKENZIE

No. 86-1618-CR.

139 Wis.2d 171 (1987)

407 N.W.2d 274

STATE of Wisconsin, Plaintiff-Respondent, v. Richard W. McKENZIE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 1, 1987.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Daniel P. Fay of Law Firm of Daniel P. Fay, S.C., of Pewaukee.

For the plaintiff-respondent the cause was submitted on the brief of David A. Danz, district attorney for Walworth county, by Phillip A. Koss, assistant district attorney.

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

SCOTT, C.J.

Richard McKenzie appeals a conviction of injury by intoxicated use of a motor vehicle contrary to sec. 346.63(2)(a), Stats. On appeal, McKenzie contends that the trial court erred in failing to consider probation as an alternative in sentencing. We conclude that the trial court was required to consider probation as an option and therefore reverse and remand for resentencing.

On December 20, 1985, McKenzie...

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