Motor Vehicles – OWI — subject matter jurisdiction

By: WISCONSIN LAW JOURNAL STAFF//November 4, 2014//

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — subject matter jurisdiction

Grant Loescher appeals a circuit court order denying his motion to reopen and vacate his 1997 conviction for operating while intoxicated, first offense. Loescher argues he was erroneously charged and convicted of first-offense OWI in 1997. He contends he should have been charged with second-offense OWI as a matter of law, due to an existing 1992 OWI conviction. He argues his 1997 conviction is void because the City of Kaukauna Municipal Court lacked subject matter jurisdiction over criminal second and subsequent OWI offenses. We affirm. This opinion will not be published.

2014AP954 City of Kaukauna v. Loescher

Dist III, Outagamie County, Des Jardins, J., Hoover, P.J.

Attorneys: For Appellant: Petersen, Michael D., Appleton; For Respondent: Davidson, Kevin W., Kaukauna

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