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TOWN OF MENASHA v. BASTIAN

No. 92-3259.

178 Wis.2d 191 (1993)

503 N.W.2d 382

TOWN OF MENASHA, Plaintiff-Respondent, v. Steven M. BASTIAN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 30, 1993.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Barry S. Cohen of Elkhart Lake.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Greg P. Curtis of Herrling, Clark, Hartzheim & Siddall, Ltd. of Appleton.

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

BROWN, J.

Steven M. Bastian appeals from a judgment convicting him of operating a motor vehicle with a prohibited blood alcohol concentration (BAC), contrary to sec. 346.63(1)(b), Stats. The issue is whether the trial court obtained subject matter jurisdiction over the BAC citation when it was dismissed by the municipal court after trial without a finding of guilt on that charge, the defendant requested a trial de novo only on the companion operating while...

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