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STATE v. ALGAIER

No. 91-0374-CR.

165 Wis.2d 515 (1991)

478 N.W.2d 292

STATE of Wisconsin, Plaintiff-Respondent, v. Robert J. ALGAIER, Jr., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 6, 1991.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Sandra J. Zenor, of Hartland.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Paul E. Bucher, district attorney, and Kevin M. Osborne, assistant district attorney, of Waukesha county.

Before Nettesheim, P.J., Anderson and Snyder, JJ.

NETTESHEIM, P.J.

Robert J. Algaier, Jr. appeals from a judgment of conviction for the misdemeanor offense of operating a motor vehicle while intoxicated (OAWI), pursuant to sec. 346.63(1)(a), Stats. Algaier was charged and sentenced as a repeat offender.

The issue on appeal is whether the trial court properly admitted evidence of Algaier's refusal to submit to a chemical test where Algaier was not fully informed under the implied consent law. We conclude that...

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