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STATE v. DELANEY

No. 01-1051-CR.

259 Wis.2d 77 (2003)

2003 WI 9

658 N.W.2d 416

STATE of Wisconsin, Plaintiff-Respondent, v. Richard W. DELANEY, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided March 4, 2003.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by Joseph R. Cincotta and Schweitzer & Cincotta LLP, Milwaukee, and oral argument by Joseph R. Cincotta.

For the plaintiff-respondent the cause was argued by David J. Becker, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

¶ 1. N. PATRICK CROOKS, J.

Petitioner Richard W. Delaney (Delaney) seeks review of an unpublished court of appeals decision, affirming his judgment of conviction and sentence for operating while intoxicated (OWI), third offense. Specifically, Delaney asks this court to determine whether Wis. Stat. § 939.62 (1999-2000)1 was properly applied to his already enhanced OWI offense under Wis. Stat. § 346.65(2)(c), based on the...

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