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STATE v. MACHGAN

No. 2006AP2836-CR.

743 N.W.2d 832 (2007)

2007 WI App 263

STATE of Wisconsin, Plaintiff-Appellant v. Daniel J. MACHGAN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed November 28, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Steven J. Madson, assistant district attorney, Elkhorn; Michael C. Sanders, assistant attorney general, and J.B. Van Holien, attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Patrick M. Donnelly, assistant state public defender of Madison.

Before BROWN, C.J., ANDERSON, P.J., and NETTESHEIM, J.

¶ 1 ANDERSON, P.J.

The State of Wisconsin appeals from an order of the circuit court finding that Daniel J. Machgan's administrative suspension in Missouri does not count as a prior OWI1 conviction for the purpose of Wisconsin's OWI graduated penalty scheme. We agree with the circuit court's finding and affirm.

¶ 2 The facts are undisputed. On August 5, 2006, Machgan was arrested in Walworth county for OWI in violation...

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