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STATE v. PFEIL

No. 2006AP2771-CR.

742 N.W.2d 573 (2007)

2007 WI App 241

STATE of Wisconsin, Plaintiff-Respondent, v. Steven L. PFEIL, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed October 17, 2007.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of John P. Tedesco, assistant state public defender.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of J.B. Van Hollen, attorney general, and Eileen W. Pray, assistant attorney general.

Before BROWN, C.J., NETTESHEIM and SNYDER, JJ.

¶ 1 NETTESHEIM, J.

Steven L. Pfeil appeals from a judgment convicting him as a habitual criminal of operating while intoxicated, ninth offense, and from an order denying postconviction relief. Pfeil argues that the penalty enhancer for habitual criminality under WIS. STAT. § 939.62(2) (2005-06)1 does not apply because his two relevant offenses were more than five years apart. He contends...

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