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STATE v. SUTTON

No. 92-3132-FT.

177 Wis.2d 709 (1993)

503 N.W.2d 326

STATE of Wisconsin, Plaintiff-Respondent, v. Robert E. SUTTON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 15, 1993.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Dennis P. Coffey of Coffey, Coffey & Geraghty of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Brad A. Vorpahl, assistant district attorney.

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

CANE, P.J.

Robert Sutton appeals an order revoking his operating privileges for one year because of his refusal to submit to a chemical test under sec. 343.305, Stats.2 He argues that the revocation was invalid because the arresting officer mistakenly informed him that refusal to submit to a chemical test could result in a jail penalty, and because the arresting officer did not issue a citation prior to requesting that Sutton submit to...

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