01-2320-CR State v. Dasko

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Kim A. Dasko appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), third offense. Dasko was found guilty of the charge following a requested jury trial. Dasko’s appeal raises two issues: (1) the trial court erred when it denied her motion to strike a prospective juror for cause based on subjective bias; and (2) as a result of this denial, Dasko seeks the remedy of a new trial because she was forced to use one of her four peremptory challenges to remove this juror, thereby depriving her of the full benefit of her peremptory challenges. We conclude that the record reveals that the trial court erred in not removing the juror for cause based on subjective bias; however, Dasko was not deprived of any rights under Wisconsin law and therefore is not entitled to a new trial.

We affirm the judgment.

This opinion will not be published.

Dist II, Waukesha County, Bohren, J., Anderson, J.

Attorneys:

For Appellant: Walter Arthur Piel Jr., Milwaukee

For Respondent: Paul E. Bucher, Waukesha; Robert J. Fletcher, Waukesha