Sentencing — sentence credit

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Wisconsin Court of Appeals

Criminal

Sentencing — sentence credit

Sentence credit under sec. 302.11(7)(b) is applied not to the term of reincarceration ordered by DHA, but to the remaining period of parole after service of that term of reincarceration.

“Under WIS. STAT. § 302.11(7)(b), Obriecht ‘shall be incarcerated for the entire period of time determined by’ DHA. In this case, if the sentence credit were applied to the term of reincarceration ordered by DHA, instead of to the remaining period of parole, Obriecht would not be ‘incarcerated for the entire period of time determined by’ DHA. Such an application of the sentence credit would violate §302.11(7)(b). We therefore conclude that DOC’s application of Obriecht’s sentence credit to the period of parole, rather than to the term of reincarceration ordered by DHA, is consistent with the plain language of §302.11(7)(am) and (b). The effect of applying the 107 days of sentence credit to the remaining period of parole is to shorten Obriecht’s overall sentence, while ensuring that he serves the entire term of reincarceration ordered by DHA.”

Affirmed.

Recommended for publication in the official reports.

2013AP1345-CR State v. Obriecht

Dist. IV, Dane County, Hanrahan, J., Kloppenburg, J.

Attorneys: For Appellant: Obriecht, Andrew M., pro se; For Respondent: Kaiser, Robert J., Jr., Madison; Lloyd, Katherine Desmond, Madison