By: Derek Hawkins//November 5, 2015//
Criminal
Court of Appeals – District III
Officials: Stark, P.J., Hruz and Seidl, JJ
OWI 10th – Issue Preclusion
2014AP2716-CR State of Wisconsin v. Anthony S. Mastro
Anthony Mastro appeals a judgment of conviction for tenth-offense operating while intoxicated (OWI) and an order denying his postconviction motion seeking an amended judgment of conviction and resentencing. Prior to this case, Mastro’s most recent OWI conviction occurred in a 2009 case in Brown County, in which the State acquiesced to Mastro’s collateral attack against four prior OWI-related convictions in Minnesota. On appeal, Mastro’s only argument is the circuit court in this case erroneously refused to apply the doctrine of issue preclusion to foreclose penalty enhancement based upon the four Minnesota convictions challenged in the 2009 case. Mastro has failed to demonstrate the court erroneously exercised its discretion when it determined that fundamental fairness did not require the State in the present case to be bound by its earlier concessions. Accordingly, we affirm
Affirmed. Per Curiam