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STATE v. PENZKOFER

No. 93-2800-CR.

184 Wis.2d 262 (1994)

516 N.W.2d 774

STATE of Wisconsin, Plaintiff-Respondent, v. Gerald PENZKOFER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 26, 1994.

Attorney(s) appearing for the Case

On behalf of defendant-appellant, the cause was submitted on the briefs of Rex R. Anderegg of William A. Pangman & Associates, S.C. of Waukesha.

On behalf of plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Jerome S. Schmidt, assistant attorney general, of Madison.

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

LaROCQUE, J.

Gerald Penzkofer appeals a judgment of conviction for three counts of causing injury by intoxicated use of a vehicle. He claims that the trial court erred by admitting blood test results because the certified laboratory assistant withdrew Penzkofer's blood in violation of § 343.305(5)(b), STATS. This statute provides: "Blood may be withdrawn ... to determine the presence or quantity of alcohol ... only by a physician, registered nurse...

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