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Sufficiency of Evidence

By: Derek Hawkins//September 8, 2016//

Sufficiency of Evidence

By: Derek Hawkins//September 8, 2016//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Ronald Marshall Jewett

Case No.: 2015AP1014-CR

Officials: Hruz, J.

Focus: OWI – Sufficiency of Evidence

The State appeals a judgment convicting Ronald Jewett of first-offense operating a motor vehicle while intoxicated (OWI). While the State successfully prosecuted the underlying OWI offense to a finding of guilt, the circuit court declined to convict and sentence Jewett for a third-offense OWI, as charged. Instead, the circuit court concluded Jewett had submitted sufficient “exculpatory” evidence regarding his two prior OWI convictions, both of which occurred in Minnesota in 1992 and for which the State of Minnesota no longer retains documents. The State argues the court erred in refusing to consider an unrebutted, certified driving record from the Wisconsin Department of Transportation (DOT) as sufficient proof of Jewett’s two prior OWI convictions. We agree with the State, reverse Jewett’s conviction for first-offense OWI, and remand for the circuit court to enter a judgment of conviction for third-offense OWI and to conduct a new sentencing hearing as well as any other necessary proceedings.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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