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STATE v. DOYEN

Nos. 93-2203-CR, 93-2205-CR, 93-2206-CR, 93-2302-CR, 93-2497-CR.

185 Wis.2d 635 (1994)

518 N.W.2d 321

STATE of Wisconsin, Plaintiff-Appellant, v. Daniel C. DOYEN, Defendant-Respondent. STATE of Wisconsin, Plaintiff-Appellant, v. Dan R. SPENCER, Defendant-Respondent. STATE of Wisconsin, Plaintiff-Appellant, v. Michael J. WOODWORTH, Defendant-Respondent. STATE of Wisconsin, Plaintiff-Appellant, v. Doris J. HURNING, Defendant-Respondent. STATE of Wisconsin, Plaintiff-Appellant, v. Kim M. WELSING, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 24, 1994.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Steven J. Madson, assistant district attorney.

On behalf of the defendant-respondent, Michael J. Woodworth, the cause was submitted on the brief of Royce A. Finne, of Green Bay.

On behalf of the defendant-respondents, Daniel C. Doyen, Dan R. Spencer and Doris Hurning, the cause was submitted on the brief of David J. Matyas, of De Pere.

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

CANE, P.J.

The common issue in each of these cases is whether the defendants are subject to the mandatory minimum penalties under § 343.44(2g), STATS., for operating a motor vehicle when their initial court-ordered period of suspension or revocation for a conviction of operating a motor vehicle while intoxicated had expired, but the suspension or revocation continued because they had failed to comply with the required alcohol assessment interview or treatment...

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