[U] City of Neenah v. James

1 We do not reach the substantive issue raised by Stephanie A. James because her no contest plea to operating a motor vehicle while intoxicated (OWI), first offense, waives her challenge that the circuit court erroneously exercised its discretion in setting aside the judgment of dismissal. Therefore, we affirm her conviction for OWI. 2 After receiving a citation from the City of Neenah for first offense operating while intoxicated in violation of WIS. STAT.§ 346.63(1)(a), James filed a Motion Challenging Probable Cause To Stop And Arrest. The prosecutor for the City failed to appear at the evidentiary hearing scheduled in response to the motion, and the circuit court dismissed the charge, without prejudice. The City filed a timely motion to reopen and it was granted by the court. The City and James then entered a stipulation in which she entered a no contest plea to the citation and a joint recommendation for sentencing was made. Based upon this stipulation, the court entered a judgment of conviction. James seeks to appeal, asserting the court erroneously exercised its discretion in not making the judgment of dismissal with prejudice and in vacating the judgment of dismissal.