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Motor Vehicles – OWI — prior convictions — void judgments

By: WISCONSIN LAW JOURNAL STAFF//March 28, 2013//

Motor Vehicles – OWI — prior convictions — void judgments

By: WISCONSIN LAW JOURNAL STAFF//March 28, 2013//

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — prior convictions — void judgments

Rex A. Potts appeals a circuit court order denying his motion for relief from an alleged void judgment. Potts contends that the 1996 judgment of conviction entered against him for operating a motor vehicle while intoxicated (OWI) as a first offense is void because the court lacked subject matter jurisdiction to try him for first offense OWI, in violation of Clark County ordinance, in light of the fact that he had two prior convictions for drunk driving in Massachusetts. For the reasons explained below, we reverse and remand with directions to vacate the 1996 judgment. This opinion will not be published.

2012AP2001 Clark County v. Potts

Dist IV, Clark County, Counsell, J., Higginbotham, J.

Attorneys: For Appellant: Phillips, Steven D., Madison; For Respondent: Lewis, Richard R., Neillsville; Zwieg, Darwin L., Neillsville

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