Court of Appeals of Wisconsin.
Case No. 96-1828-CR.
Opinion Released: November 27, 1996 Opinion Filed: November 27, 1996 This opinion will not be published. See Rule 809.23(1)(b)4, Stats.
APPEAL from a judgment of the circuit court for Waushara County: LEWIS MURACH, Judge. Affirmed.
VERGERONT, J.[1]
Steven R. Rothermel appeals from a judgment of conviction for operating a motor vehicle under the influence of an intoxicant in violation of § 346.63(1)(a), Stats. The sole issue on appeal is whether his prosecution was precluded by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution because his license had been administratively suspended for the same violation.
Rothermel acknowledges that in State v. McMaster, 198 Wis.2d 542, 543 N.W.2d 499 (Ct.App. 1995), petition for review granted, ___ Wis.2d ___, 546 N.W.2d 468 (1996), we held that criminal prosecution for operating a motor vehicle with a prohibited blood alcohol concentration after administrative suspension of operating privileges does not violate the Double Jeopardy Clause of the Fifth Amendment. Id. at 544, 543 N.W.2d at 499. Rothermel explains that he has raised this issue on appeal solely to preserve it for review.
McMaster is controlling. We conclude that the prosecution did not violate the Double Jeopardy Clause.
By the Court. — Judgment affirmed.
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