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STATE v. LINDHOLM

No. 99-2298-CR

239 Wis.2d 167 (2000)

2000 WI App 225

619 N.W.2d 267

STATE of Wisconsin, Plaintiff-Appellant, v. Michael J. LINDHOLM, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 28, 2000.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Jennifer E. Nashold, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Jay M. Langkamp of Langkamp Law Office, of Madison.

Before Dykman, P.J., Roggensack and Deininger, JJ.

¶ 1. ROGGENSACK, J.

The State of Wisconsin appeals an order of the Jefferson County Circuit Court refusing to bind over Michael J. Lindholm for trial on a felony charge of operating a motor vehicle while intoxicated (OMVWI) because the State submitted only a certified abstract of the Department of Transportation (DOT) driving record for Lindholm as proof of his prior convictions. We conclude that, in a preliminary hearing, such an abstract, as a matter of law...

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