State v. Lee Terrence Presley, 2006 WI App 82 For Presley: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: Sentence credit is required for for days spent in jail between dates of revocation of extended supervision in an earlier case and sentencing on both the revoked supervision and a new case. ¶10 Presley submits that Beets requires sentence credit until… Read more
F. Sentence credit
State v. Ryan E. Baker, 2005 WI App 45, PFR filed 3/17/05 For Baker: William E. Schmaal, SPD, Madison Appellate Issue/Holding: Sentence credit may not be used to satisfy court costs, where costs were imposed under provisions which do not grant authority to waive or otherwise avoid their imposition: ¶11 We turn now to whether credit for pre-sentence… Read more
State ex rel. Michael J. Thorson v. Schwarz, 2004 WI 96, reconsideration denied, 2004 133, affirming unpublished decision of court of appeals For Thorson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: Time spent in detention during ch. 980 proceedings may not be credited toward service of the underlying criminal sentence. ¶¶29-38. Thorson was serving a sentence for a 980-qualifying… Read more
State ex rel. Michael J. Thorson v. Schwarz, 2004 WI 96, reconsideration denied, 2004 WI 133, affirming unpublished decision of court of appeals For Thorson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶16. The term “custody” is not defined in Wis. Stat. § 973.155. To fill this void, Wisconsin courts have relied upon the definition set forth in Wis… Read more
State v. Rick L. Edwards, 2003 WI App 221, PFR filed 10/24/03 For Edwards: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: A probationer whose jail confinement has been stayed during a period of hospitalization is not in custody for § 946.42 purposes and can’t be charged with escape for leaving the hospital and failing to return to jail; nor… Read more
State ex rel. Willie C. Simpson v. Schwarz, 2002 WI App 7, PFR filed 1/11/02 Issue: Whether spent on electronic monitoring while on probation supports sentence credit following revocation. Holding: Because the probationer could not have been charged with escape for leaving electronic monitoring, he isn’t entitled to sentence credit for the time he spent on electronic monitoring… Read more
State v. Anthony J. Dentici, Jr., 2002 WI App 77, PFR filed 2/5/02 For Dentici: Joseph E. Redding Issue/Holding: ¶1 … Dentici claims that he is entitled to twenty-five days’ credit pursuant to State v. Riske, 152 Wis. 2d 260, 448 N.W.2d 260 (Ct. App. 1989), because, after being sentenced to sixty days at the House of… Read more
State v. Paul L. Wolfe, 2001 WI App 66, 242 Wis. 2d 426, 625 N.W.2d 655 For Wolfe: Gary Seeling Issue: “The basic question before us is whether a court, in a multiple count conviction where one sentence is imposed and another stayed, must apply sentence credit to the conviction of the first imposed sentence,”… Read more
