F. Sentence credit

State v. Zachary S. Friedlander, 2017AP1337, petition granted 7/10/2018; review of an unpublished court of appeals decision; case activity (including briefs) Issue (from petition for review): When, as here, an offender is mistakenly released from prison or jail, is the offender “in custody” under § 973.155(1) and Magnuson such that sentence credit should be granted… Read more

State v. Lance P. Howard, 2017AP677-688-CR, 2/21/18, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) How to irritate the court of appeals. If you haven’t figure that out yet, read this opinion.  Howard was sentenced to 1 year of initial confinement and 1 year of extended supervision for a misdemeanor in one… Read more

State v. Antonio Johnson, 2018 WI App 2; case activity (including briefs) Under § 973.155(1)(a) a convicted offender is entitled to credit for “all days spent in custody” in connection with the course of conduct for which sentence is imposed. So what’s a “day” for credit purposes? Any part of a calendar day, as Johnson claims? Or a… Read more

State v. Larry Davis, 2017 WI App 55; case activity (including briefs) Applying § 304.072(4) and State v. Presley, 2006 WI App 82, 292 Wis. 2d 734, 715 N.W.2d 713, the court of appeals holds that a person who is revoked from extended supervision resumes serving his sentence when he is received in the prison system, not when… Read more

State v. Java I. Orr, 2016AP2009, 7/5/17, District 1, (1-judge opinion, ineligible for publication); case activity (including briefs) Orr raises and loses 3 issues relating to the sentence credit that he received in this case. He argues that (1) he should have been allowed withdraw his plea because trial counsel gave him incorrect infromation regarding… Read more

State v. Steven F. Zastrow, 2015AP2182-CRAC, District 3, 6/27/17 (not recommended for publication); case activity (including briefs) Zastrow was serving a string of four consecutive prison sentences, the first imposed in June 2006 in Winnebago County, the other three imposed in October 2006 in Outagamie County. In 2008 the Winnebago sentence was vacated and Zastrow was resentenced to imposed… Read more

State v. Lazeric R. Maxey, 2015AP2137-CR, 4/6/16, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Maxey isn’t entitled to credit on time he spent in custody relating to two cases for which he’s serving consecutive sentences because he hasn’t shown the credit wasn’t given on the earlier-imposed sentence. Maxey was on ES for… Read more