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STATE v. SMITS

No. 00-1158-CR.

241 Wis.2d 374 (2001)

2001 WI App 45

626 N.W.2d 42

STATE of Wisconsin, Plaintiff-Appellant, v. James B. SMITS, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided January 17, 2001.

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 Kathleen M. Ptacek, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Michael J. Ganzer of Hodan, Doster & Ganzer, S.C., Milwaukee.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. PETERSON, J.

The State appeals an order dismissing two felony charges against James Smits: operating a motor vehicle while under the influence of an intoxicant (OWI), sixth offense, contrary to WIS. STAT. § 346.63(1)(a)1 and operating a motor vehicle with a prohibited alcohol concentration (PAC), sixth offense, contrary to WIS. STAT. § 346.63(1)(b). Smits was also charged with two misdemeanors: causing injury to another...

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