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IN RE REFUSAL OF BENTDAHL

No. 2012AP1426.

840 N.W.2d 704 (2013)

2013 WI 106

351 Wis. 2d 739

In the matter of the refusal of Brandon H. BENTDAHL: State of Wisconsin, Plaintiff-Appellant-Petitioner, v. Brandon H. Bentdahl, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided December 27, 2013.

Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner, the cause was argued by Michael C. Sanders , assistant attorney general, with whom on the briefs was J.B. Van Hollen , attorney general, and oral argument by Michael C. Sanders.

For the defendant-respondent, there was a brief by Barry S. Cohen , and Barry S. Cohen, S.C., Elkhart Lake, and oral argument by Barry S. Cohen.

N. PATRICK CROOKS, J.

¶ 1 This is a review of an unpublished court of appeals' decision that reversed the circuit court.1 The petitioner, the State, asks this court to determine whether State v. Brooks2 applies when a defendant fails to request a refusal hearing within the statutory ten-day time limit and chooses to plead not guilty to the underlying operating a motor vehicle while intoxicated ...

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