01-1020-FT City of Stevens Point v. Wirtz

By: dmc-admin//September 17, 2001//

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Michael C. Wirtz appeals from a jury verdict finding him guilty under Wis. Stat. sec. 346.63(1)(a) for operating a motor vehicle while under the influence of an intoxicant. Wirtz contends on appeal that the trial court erred in refusing to grant his motion for a mistrial after the prosecutor for the City of Stevens Point (City) elicited testimony from the arresting officer that Wirtz refused to answer questions after he was read his Miranda rights.

For the following reasons, we affirm.

This opinion will not be published.

Dist IV, Portage County, Flugaur, J., Lundsten, J.

Attorneys:

For Appellant: Leon S. Schmidt Jr., Wisconsin Rapids

For Respondent: Louis J. Molepske, Stevens Point

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