STATE v. POST

No. 2005AP2778-CR.

733 N.W.2d 634 (2007)

2007 WI 60

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Robert E. POST, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided May 23, 2007.


Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner the cause was argued by James M. Freimuth, assistant attorney general, with whom on the briefs was Peggy A. Lautenschlager, attorney general.

For the defendant-appellant there was a brief filed by T. Christopher Kelly, and Kelly & Habermehl, S.C., Madison, and there was oral argument by T. Christopher Kelly.


¶ 1 ANN WALSH BRADLEY, J.

The petitioner, State of Wisconsin, seeks review of an unpublished court of appeals decision reversing a judgment convicting Robert Post of operating a motor vehicle with a prohibited alcohol concentration, as a fifth offense.1 The State asserts that the court of appeals erred in concluding that Post's deviations within one lane of travel, with nothing more, failed...

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