STATE v. MALLICK

No. 96-3048-CR.

210 Wis.2d 427 (1997)

565 N.W.2d 245

STATE of Wisconsin, Plaintiff-Respondent, v. Rhody R. MALLICK, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 24, 1997.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Christopher A. Mutschler and Michele A. Tjader of Barry S. Cohen, S.C., of Elkhart Lake.

For the plaintiff-respondent the cause was submitted on the brief of Scott Roberts, assistant district attorney of Portage County.

Before Eich, C.J., Vergeront and Roggensack, JJ.


EICH, C.J.

Rhody R. Mallick appeals from a judgment convicting him of driving while intoxicated (second offense). He raises a single issue: whether the trial court erred when it admitted evidence that he refused to perform field sobriety tests at the request of the arresting officer. We see no error and affirm the judgment.

In the early morning hours of July 31, 1993, Officer Paul Pagel of the Plover Police Department observed Mallick weaving off the roadway...

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