2010AP719 State ex rel. Shelton v. Smith

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Habeas Corpus
Sentence credit

Christopher L. Shelton appeals from an order of the circuit court denying his petition for a writ of habeas corpus. Shelton was convicted of two crimes and given consecutive sentences. Shelton argues that because he was unlawfully detained for 143 days after the mandatory release date of his first sentence, he should receive credit on his second sentence as a form of equitable relief. The State concedes that Shelton was unlawfully detained after the mandatory release date of his first sentence. The State argues that because Shelton has finished serving his first sentence his habeas corpus claim is moot, and that sentence credit is not applicable because Shelton’s custody was not in connection with the course of conduct for which the second sentence was imposed. The circuit court denied Shelton’s petition for a writ of habeas corpus. We affirm.  Not recommended for publication in the official reports.

2010AP719 State ex rel. Shelton v. Smith

Dist II, Kenosha County, Warren, J., Reilly, J.

Attorneys: For Appellant: Shelton, Christopher L., pro se; For Respondent: Remington, Christine A., Madison

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