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STATE v. FRANKWICK

No. 98-2484.

229 Wis.2d 406 (1999)

599 N.W.2d 893

STATE of Wisconsin, Plaintiff-Respondent, v. Robert E. FRANKWICK, Defendant, Lynn KURER, and One 1986 Chevrolet Truck, VIN 1GBJC34J3GJ180809, Wisconsin License Plate #DG8952 and its appurtenances, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 14, 1999.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, there was a brief and oral argument by Wendy A. Patrickus of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Paul E. Bucher, district attorney, and Barbara A. Michaels, assistant district attorney.

There was an amicus curiae brief filed by James E. Doyle, attorney general, and James M. Freimuth, assistant attorney general. There was oral argument by James M. Freimuth.

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

BROWN, J.

Lynn Kurer appeals from an order setting aside her security interest in a truck seized by Waukesha county. Kurer perfected her security interest in the truck the day before Robert E. Frankwick, the truck's owner and Kurer's long-time friend, pled guilty to fourth and fifth OWI offenses. The trial court ordered the truck seized upon Frankwick's conviction for fourth offense OWI. See § 346.65(6)(a)2, STATS. The trial court found that Kurer's lien...

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