01-0827 State v. McGuire

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The State of Wisconsin appeals from a trial court order dismissing its action against Scott McGuire. McGuire is the licensee for the service of alcoholic beverages at the Sports Page Bar & Grill. The State cited both McGuire and his employee for a violation of Wis. Stat. sec. 125.07(1)(a)2 for selling alcoholic beverages to a minor. The State argues that the trial court erred in its determination that sec. 125.07(1)(a)6 precludes it from making a determination that McGuire violated sec. 125.07(1)(a)2 because the employee of McGuire had already been convicted of a violation for the same sale.

We do not reach the merits of this appeal. McGuire has failed to file a respondent’s brief on appeal. Due to this failure, we summarily reverse the circuit court’s order as a sanction under Wis. Stat. Rule 809.83(2).2 In taking this action, we stress that we are not addressing the correctness of the trial court’s ruling.

This opinion will not be published.

Dist II, Waukesha County, Mawdsley, J., Nettesheim, J.

Attorneys:

For Appellant: Robert J. Fletcher, Waukesha

For Respondent: Scott McGuire, North Prairie