STATE v. SMART

No. 02-0569-CR.

257 Wis.2d 713 (2002)

2002 WI App 240

652 N.W.2d 429

STATE of Wisconsin, Plaintiff-Respondent, v. Roland A. SMART, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 27, 2002.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Donald T. Lang, assistant state public defender of Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Catharine D. White, assistant district attorney of Shawano.

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


¶ 1. CANE, C.J.

Ronald Smart appeals a judgment of conviction for operating while intoxicated, third offense, contrary to WIS. STAT. § 346.63(1)(a), and operating while intoxicated with a prohibited blood alcohol content, third offense, contrary to § 346.63(1)(b). He also appeals an order denying postconviction relief. Smart contends Wisconsin's drunk driving sentencing scheme, by allowing each judicial district...

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