STATE v. GARDNER

No. 2005AP1372-CR.

715 N.W.2d 720 (2006)

2006 WI App 92

STATE of Wisconsin, Plaintiff-Respondent, v. Eric Benjamin GARDNER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed April 11, 2006.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Michael K. Gould, Assistant State Public Defendant, Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Peggy A. Lautenschlager, Attorney General by David J. Becker, Assistant Attorney General.

Before WEDEMEYER, P.J., FINE and CURLEY, JJ.


¶ 1 WEDEMEYER, P.J.

Eric Benjamin Gardner appeals from a judgment entered after he pled no contest to one count of injury by intoxicated use of a motor vehicle, contrary to WIS. STAT. § 940.25(1)(am) (2003-04).1 Gardner claims that § 940.25(1)(am) is unconstitutional. Because Gardner has failed to establish that this statute as applied to him is unconstitutional, we affirm.

BACKGROUND

¶ 2 On December...

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