Sentencing — presentence credit

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Wisconsin Court of Appeals

Criminal

Sentencing — presentence credit

Kenta D. Brewer appeals from an amended judgment of conviction for three counts of misdemeanor battery, see Wis. Stat. § 940.19(1) (2005-06 and 2009-10), and from two postconviction orders. He argues that “the circuit court erred in allocating presentence credit in such a way as to deny Brewer [67 days of] statutory good time credit to which he is entitled.” We conclude that the circuit court properly allocated presentence credit consistent with the dictates of State v. Boettcher, 144 Wis. 2d 86, 423 N.W.2d 533 (1988), and State v. Wolfe, 2001 WI App 66, 242 Wis. 2d 426, 625 N.W.2d 655. We further conclude that whether Brewer is entitled to good time credit against his imposed and stayed sentence is not an issue that is properly before this court at this time. This opinion will not be published.

Wis. Stat. Rule 809.23(1)(b)5.

2011AP774-CR State v. Brewer

Dist I, Milwaukee County, Cimpl, J., Per Curiam

Attorneys: For Appellant: Henak, Robert R., Milwaukee; Remington, James C., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Sanders, Michael C., Madison