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STATE v. KNAPP

No. 2007AP1582-CR.

743 N.W.2d 481 (2007)

2007 WI App 273

STATE of Wisconsin, Plaintiff-Appellant, v. Gary J. KNAPP, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed November 29, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the memorandum of Paul W. Humphrey, assistant district attorney, and Gregory M. Weber, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted by Cory C. Chirafisi of Chirafisi Law Office, Inc., Madison.

Before DYKMAN, VERGERONT and BRIDGE, JJ.

¶ 1 PER CURIAM.

The State of Wisconsin has filed a notice of appeal seeking review of an order granting Gary Knapp's motion to collaterally attack a prior operating while intoxicated (OWI) conviction. The effect of the order is to reduce the charge Knapp is currently facing from OWI-3rd to OWI-2nd. We asked the parties to brief whether the State has an appeal as of right in this situation pursuant to WIS. STAT. § 974.05(1) (2005-06).1<...

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