On Point blog, page 1 of 1

Uncertified DOT driving record + JOC on CCAP + court of appeals opinion = proof of countable prior OWI offense

State v. Kory v. Ambroziak, 2017AP22-CR, 9/19/17, District 3, (1-judge opinion, ineligible for publication); case activity (including briefs)

Ambroziak argued that he was incorrectly sentenced for a 2nd-offense OWI because the State had failed to prove the existence of a prior OWI-related offense beyond a reasonable doubt. But the court of appeals held that the State carried its burden. Thus, the circuit court correctly sentenced Ambroziak with second-offense OWI penalties.

Read full article >

Enhanced Penalties — Proof — Uncertified Judgment of Prior Conviction

State v. Patrick A. Saunders, 2002 WI 107, reconsideration denied, 2002 WI 119reversing unpublished opinion
For Saunders: Beth Ermatinger Hanan

Issue: Whether an uncertified copy of the prior judgment of conviction may serve as part of the proof requirement of a repeater allegation that is not personally admitted by the defendant.

Holding: In the absence of the defendant’s personal admission to the prior conviction(s),

Read full article >