Summary
The Wisconsin Supreme Court reviewed whether Andrew M. Obriecht was entitled to sentence credit for pre-incarceration custody after revocation of parole from an indeterminate felony sentence. The court held that the felony sentence resumed upon parole revocation and that 42 days of qualifying custody should have been credited against the felony sentence. The court reversed the court of appeals' decision affirming denial of the sentence-credit motion.
Holdings
- When a convicted defendant's parole is revoked, qualifying sentence credit must be applied to the defendant's incarceration under the original sentence rather than merely reducing a subsequent period of parole.
- Sentence credit is available only for custody that is factually connected to the course of conduct for which the sentence was imposed.
- Of the 105 days of custody remaining uncredited after the misdemeanor credit awards, 42 days were connected to the conduct underlying the felony sentence and should have been applied to the felony reincarceration.
Questions Presented
- Whether sentence credit for qualifying custody must be applied to incarceration rather than to parole when a defendant's parole is revoked.
- Whether the indeterminate felony sentence imposed after probation revocation resumes running upon parole revocation and is available to receive sentence credit.
- How much of Obriecht's previously uncredited custody was connected to the course of conduct underlying the consecutive felony sentence.
Disposition
reversed
Cases Cited (18)
- State v. Obriecht, 2014 WI App 42, 353 Wis. 2d 542, 846 N.W.2d 479(reversed)
- G.S., Jr. v. State, 118 Wis. 2d 803, 805, 348 N.W.2d 181 (1984)(followed)
- Richards v. Badger Mut. Ins. Co., 2008 WI 52, 309 Wis. 2d 541, 749 N.W.2d 581(followed)
- State ex rel. Kalal v. Circuit Court for Dane Cnty., 2004 WI 58, 271 Wis. 2d 633, 681 N.W.2d 110(followed)
- Klimas v. State, 75 Wis. 2d 244, 249, 249 N.W.2d 285 (1977)(followed)
- State v. Beets, 124 Wis. 2d 372, 379, 369 N.W.2d 382 (1985)(followed)
- State v. Wolfe, 2001 WI App 66, 242 Wis. 2d 426, 625 N.W.2d 655(followed)
- State v. Marcus Johnson, 2007 WI 107, 304 Wis. 2d 318, 735 N.W.2d 505(followed)
- State v. Magnuson, 2000 WI 19, 233 Wis. 2d 40, 606 N.W.2d 536(followed)
- State v. Elandis Johnson, 2009 WI 57, 318 Wis. 2d 21, 767 N.W.2d 207(followed)
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Court Document
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