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STATE v. MILLER

No. 03-1747-CR.

274 Wis.2d 471 (2004)

2004 WI App 117

683 N.W.2d 485

STATE of Wisconsin, Plaintiff-Respondent, v. Jason C. Miller, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 6, 2004.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Robert T. Ruth, Ruth Law Office, Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James M. Freimuth, assistant attorney general, and Peggy A. Lautenschlager, attorney general.

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

¶ 1. VERGERONT, J.

Jason Miller appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), fifth offense, contrary to WIS. STAT. § 346.63(1)(a) (2001-02).1 The charge resulting in this conviction was refiled after the trial court dismissed the charge without prejudice at the prosecutor's request, following the court's decision to exclude certain State's evidence as a sanction...

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