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Sentencing – Good Time – Revocation

By: Derek Hawkins//September 2, 2015//

Sentencing – Good Time – Revocation

By: Derek Hawkins//September 2, 2015//

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Criminal

WI Court of Appeals – District II

Officials:Neubauer, C.J., Reilly, P.J., and Gundrum, J. 

Sentencing – Good Time – Revocation

2014AP2655 Christopher W. Baad v. Brian Hayes

Christopher Baade earned ninety days of “good time” while serving one year in the county jail as a condition of probation on a stayed prison sentence. Baade’s probation was revoked, and he began his prison sentence of two years of initial confinement to be followed by two years of extended supervision. Baade successfully argued to the circuit court that he should receive a full year of sentence credit as he “earned” one year as a result of the “good time” he accumulated. We reverse. “Good time” earned while on probation of a stayed sentence of more than one year is not eligible for sentence credit in the event probation is revoked.

Decision

Reversed – Recommended for Publication

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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