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STATE v. BAKER

Nos. 90-2633-CR, 90-2634-CR.

165 Wis.2d 42 (1991)

477 N.W.2d 292

STATE of Wisconsin, Plaintiff-Appellant-Cross Respondent, v. Christopher S. BAKER, Defendant-Respondent-Cross Appellant.

Court of Appeals of Wisconsin.

Decided September 17, 1991.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant-cross respondent, the cause was submitted on the briefs of Steven J. Madson, assistant district attorney, Green Bay, and James E. Doyle, attorney general, and Jerome S. Schmidt, assistant attorney general.

On behalf of the defendant-respondent-cross appellant, the cause was submitted on the briefs of Steven L. Miller of Zuidmulder, Appel & Gammeltoft, S.C., Green Bay.

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

MYSE, J.

The state appeals a portion of an order preventing the use of Christopher Baker's third operating after revocation (OAR) conviction (86-TC-4971) as a prior conviction under sec. 343.44(2), Stats. The state contends that the trial court erred by permitting Baker to collaterally attack two of his prior OAR convictions that enhance the penalties in the pending OAR cases. We conclude that a defendant may collaterally attack prior OAR convictions on constitutional...

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