COURT OF APPEALS DECISION DATED AND FILED June 12, 2008 David R. Schanker Clerk of Court of Appeals |
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This opinion is subject to further editing. If published, the official version will appear in the bound volume of the Official Reports. A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals. See Wis. Stat. § 808.10 and Rule 809.62. |
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Appeal No. |
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STATE OF WISCONSIN |
IN COURT OF APPEALS |
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DISTRICT IV |
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State of
Plaintiff-Respondent, v. Janette I. Wilson,
Defendant-Appellant. |
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APPEAL
from a judgment of the circuit court for
¶1 HIGGINBOTHAM, P.J.[1] Janette
I. Wilson appeals a judgment entered on a jury verdict finding her guilty of
operating a motor vehicle while under the influence of an intoxicant (OWI),
third offense, and operating a motor vehicle with a prohibited alcohol
concentration (PAC), third offense, contrary to Wis. Stat. §§ 346.63 and 346.65. During its deliberations, the jury asked the
court if it needed to determine Wilson’s exact blood alcohol content (BAC) to
answer a special jury question found on the verdict form for the operating a
motor vehicle with a PAC count. In
response, the court informed the jury that it could determine that the BAC was
greater than a certain amount without determining the exact figure. Ultimately, the jury returned a verdict on
the PAC count that found that
¶2 On the OWI count, the court sentenced
¶3
¶4 It appears that
¶5 As it happened, the jury found
¶6 Finally, Wilson contends that she received seventy-five additional days in jail because of the instruction on the PAC count, but offers no evidence or a coherent argument to support this claim. We note that the trial court’s sentence of 120 days in jail is well within the penalty range for third-offense OWI of no less than thirty days and no more than one year in jail. Wis. Stat. § 346.65(2)(am)3.
By the Court.—Judgment affirmed.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)(4).
[1] This appeal is decided by one judge pursuant to Wis. Stat. § 752.31(2)(f) (2005-06). All references to the Wisconsin Statutes are to the 2005-06 version unless otherwise noted.
[2] Wisconsin Stat. § 346.65(2)(g) provides, in relevant part:
1. If a person convicted had an alcohol concentration of 0.17 to 0.199, the applicable minimum and maximum fines under [the penalty provisions for operating a motor vehicle while under the influence of an intoxicant (OWI)] are doubled.
2. If a person convicted had an alcohol concentration of 0.20 to 0.249, the applicable minimum and maximum fines under [the penalty provisions for OWI] are tripled.
[3] State
v. Machner, 92
[4]
[5] This
was a fortunate result for