01-1703 State v. Dentici

Listen to this article

“Dentici reported to jail on the same day that he was sentenced, was turned away due to overcrowding, and was, therefore, at liberty through no fault of his own. Accordingly, he is entitled to sentence credit for the intervening period before his admission, the twenty-five days from February 3, 1997 to February 28, 1997. …

“Accordingly, we reverse the order denying Dentici’s motion for reconsideration, reverse in part the order denying Dentici’s postconviction motion, and remand the cause with directions to credit his sentence for the period of February 3, 1997, to February 28, 1997.”

Reversed and remanded with directions.

Recommended for publication in the official reports.

DISSENTING OPINION: Fine, J. “State v. Magnuson, 2000 WI 19, 233 Wis. 2d 40, 606 N.W.2d 536, held that a person placed on in-home detention with electronic monitoring was not in ‘custody’ for sentence-credit purposes because he was not subject to an escape charge if he left the confines of his house. The Majority holds that Anthony J. Dentici, Jr., is entitled to sentence credit for the time during which he was free to roam throughout the state until the date on which he was directed to report to the Milwaukee County House of Correction. Frankly, I fail to see the logic of that, and, accordingly, I respectfully dissent.”

Dist I, Milwaukee County, Donald, J., Curley, J.

Attorneys:

For Appellant: Joseph E. Redding, Milwaukee

For Respondent: Robert D. Donohoo, Milwaukee; Michael R. Klos, Madison