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STATE v. CARTER

No. 2008AP3144-CR.

775 N.W.2d 297 (2009)

2009 WI App 156

STATE of Wisconsin, Plaintiff-Respondent, v. Gerard W. CARTER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed September 30, 2009.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Craig M. Kuhary of Walden, Schuster & Vaklyes, S.C., Waukesha.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs of Phillip A. Koss, district attorney, and Steven J. Madson, assistant district attorney of Elkhorn.

Before BROWN, C.J., NEUBAUER, P.J. and SNYDER, J.

¶ 1 NEUBAUER, P.J.

Gerard W. Carter pled guilty to operating while intoxicated (OWI), fourth offense. The issue on appeal is whether two prior out-of-state "zero tolerance" suspensions count as prior convictions under WIS. STAT. § 343.307 (2007-08)1 for sentencing enhancement purposes under WIS. STAT. § 346.65(2). We conclude that they do not. We reverse the judgment and remand for sentencing based on a second offense OWI...

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