Motor Vehicles — OWI — prior convictions

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Wisconsin Court of Appeals

Criminal

Motor Vehicles — OWI — prior convictions

The State of Wisconsin appeals a judgment convicting Andre Chamblis of operating with a prohibited alcohol concentration, as a sixth offense. In this appeal, the State raises multiple arguments that fall into three main categories: (1) the circuit court erred in concluding that the documentation the State originally submitted to prove that Chamblis had been convicted of two prior operating-while-intoxicated-related offenses in Illinois was not sufficient to prove those convictions; (2) the circuit court erred in excluding, at the plea hearing, additional evidence that the State sought to submit to prove the purported Illinois convictions; and (3) the additional evidence was sufficient to prove the Illinois convictions. Chamblis cross-appeals, arguing that the circuit court erred in denying his motion to suppress because the police did not have reasonable suspicion to stop the vehicle that Chamblis was driving.

As to the issues the State raises in its appeal, we conclude that the circuit court erroneously exercised its discretion in excluding the additional evidence that the State sought to submit to prove the purported Illinois convictions, and the additional evidence is sufficient to prove the Illinois convictions. In light of the foregoing, we need not and do not address the sufficiency of the documentation the State originally submitted to prove the purported Illinois convictions. As to Chamblis’s cross-appeal, we conclude that the circuit court properly denied Chamblis’s motion to suppress because the stop was supported by reasonable suspicion.

Accordingly, we reverse and remand to the circuit court to issue an amended judgment of conviction convicting Chamblis of operating with a PAC, as a seventh offense, and to hold a resentencing hearing pursuant to the penalty ranges for a seventh offense set forth in Wis. Stat. § 346.65(2)(am)6. This opinion will not be published.

2012AP2782-CR State v. Chamblis

Dist IV, La Crosse County, Levine, J., Per Curiam

Attorneys: For Appellant: Weber, Gregory M., Madison; Gruenke, Tim, La Crosse; Sanders, Michael C., Madison; For Respondent: Zaleski, Steven, Madison