2010AP3112-CR State v. Malsbury

By: WISCONSIN LAW JOURNAL STAFF//June 8, 2011//

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Motor Vehicles
OWI; prior convictions

Francis A. Malsbury appeals from a judgment of conviction for second-offense operating while intoxicated (OWI) pursuant to Wis. Stat. § 346.63(1)(a). Malsbury argues that his conviction should actually be for a first-offense OWI, as the prior conviction was for reckless driving in the state of Washington. The State counters that because Malsbury’s Washington conviction was originally charged as driving under the influence (DUI) and later amended to reckless driving with OWI-like penalties, the conviction counts for purposes of Wisconsin’s OWI laws. We agree with the State and affirm Malsbury’s conviction. This opinion will not be published.

2010AP3112-CR State v. Malsbury

Dist II, Walworth County, Kennedy, J., Reilly, J.

Attorneys: For Appellant: Walter, Andrew R., Elkhorn; For Respondent: Koss, Phillip A., Elkhorn; Weber, Gregory M., Madison

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