State v. Patrick C. Carter, 2010 WI 77, affirming as modified, 2007 WI App 255; for Carter: Ellen Henak, SPD, Milwaukee Appellate Carter is entitled to sentence credit for time spent in custody in Illinois following his arrest on an outstanding Wisconsin warrant along with an Illinois charge, given that the resultant sentences were concurrent… Read more
F. Sentence credit
court of appeals decision; for Lee: Devon M. Lee, SPD, Madison Appellate; Resp. Br.; Reply Br. Sentence Credit – Wisconsin Custody under Foreign Parole Hold Time spent in Wisconsin custody under a foreign parole hold must be credited against the Wisconsin sentence, even though it is ordered “consecutive to any previously imposed sentence.” Concern about… Read more
Consecutive sentences following partial plea withdrawal and reconviction Click here for court of appeals decision, petition for review granted 10/27/10 Defense counsel: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: After sentencing on 3 separate counts, the trial court granted Lamar’s motion to withdraw his guilty pleas to 2 of the counts. He continued to serve… Read more
State v. Elandis D. Johnson, 2009 WI 57, affirming 2008 WI App 34 For Johnson: Meredith J. Ross, UW Law School Issue/Holding: ¶76 We conclude that Wis. Stat. § 973.155 imposes no requirement that credit applied toward one sentence also be applied toward a second sentence if the basis for applying the same credit to both sentences is… Read more
State v. Esteban Martinez, 2007 WI App 225 For Martinez: George Limbeck Issue/Holding: A Wisconsin inmate paroled to serve sentence in another jurisdiction is not entitled to credit for that service against subsequently-revoked Wisconsin parole; State v. Rohl, 160 Wis. 2d 325, 466 N.W.2d 208 (Ct. App. 1991), followed and State v. Kevin Brown, 2006 WI App 41… Read more
State v. Terrill J. Hintz, 2007 WI App 113, (AG’s) PFR granted 9/11/07 For Hintz: Steven D. Phillips, SPD, Madison Appellate Issue/Holding: Where an extended supervision hold is based at least in part on arrest on a new offense, § 973.115(1)(a) awards credit for time spent in custody under the hold against the sentence ultimately imposed for… Read more
State v. Martin V. Yanick, Jr., 2007 WI App 30 Pro se Issue/Holding: ¶1 … We conclude that, when a defendant has served conditional jail time and his or her probation is later revoked and the defendant commences serving an imposed and stayed sentence, the defendant is entitled to sentence credit for days spent in… Read more
State v. Donald Odom, 2006 WI App 145 For Odom: Eileen Miller Carter; J.C. Moore, SPD, Milwaukee Trial Issue/Holding: Odom is entitled to full sentence credit on both his reconfinement and new sentence, given that they are concurrent, ¶34: (B)ecause Odom was sentenced on the same day to concurrent sentences for his revocation of extended release… Read more
