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STATE v. EISENBERG

No. 88-2335-CR.

151 Wis.2d 38 (1989)

443 N.W.2d 328

STATE of Wisconsin, Plaintiff-Respondent, v. Gregory L. EISENBERG, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 24, 1989.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Richard J. Smith of Wauwatosa.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of J. Dennis Thornton, district attorney for Washington county, and Margaret A. Schauer, assistant district attorney.

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

SCOTT, C.J.

The issue raised is whether a person who operates a motor vehicle outside the restrictions of an occupational license may be charged with and convicted of operating after revocation under sec. 343.44(1), Stats. We conclude that such a charge is within the prosecutor's discretion and affirm.

The facts are undisputed. Gregory L. Eisenberg previously had his regular operating privileges revoked. He obtained an occupational license which allowed him...

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