By: Derek Hawkins//September 20, 2016//
WI Court of Appeals – District III
Case Name: State of Wisconsin v. Timothy A. Giese
Case No.: 2015AP1838-CR
Officials: Seidl, J.
Focus: OWI – Subject Matter Jurisdiction
Timothy Giese appeals the circuit court’s order denying a motion to void his 2009 conviction for second-offense operating a motor vehicle while intoxicated (OWI). Giese challenges the circuit court’s subject matter jurisdiction to enter a judgment of conviction, as the State concedes he was improperly charged with a criminal second-offense OWI rather than a civil first offense. Based upon the supreme court’s recent decision in City of Eau Claire v. Booth Britton, 2016 WI 65, ___ Wis. 2d ___, ___ N.W.2d ___, we conclude the circuit court properly exercised subject matter jurisdiction, despite the State’s failure to properly charge the OWI penalty enhancer, and affirm.