By: Rick Benedict//July 15, 2015//
Criminal
Supreme Court of Wisconsin
Pleas & Sentencing – Sentence Credit
2013-AP-1345-CR State of Wisconsin v. Andrew M. Ocbreicht
Undetermined sentence issued by a circuit court remains running when parole is revoked so sentence credit can be accepted.
We conclude that because Obriecht had completed the sentences for his misdemeanor convictions when his parole from incarceration for the felony was revoked and he first requested sentence credit, the only sentence to which sentence credit could be applied was the indeterminate sentence for the felony conviction. We also conclude that not all of the days of Obriecht’s custody prior to his 2001 incarceration at Dodge Correctional Institution were in connection with the conduct that led to the felony sentence. We further conclude that although Obriecht had 105 days of custody for which he had not yet received sentence credit when his parole was revoked, as we have explained, only 42 days of custody were in connection with the course of conduct that led to the felony sentence. Therefore, 42 of the 105 days of custody prior to Obriecht’s 2001 incarceration should have been applied to his term of reincarceration for the felony conviction. Wis. Stat. § 973.155. We also conclude that when a convicted defendant’s parole is revoked, the parolee’s indeterminate sentence that was issued by the circuit court resumes running so that it is available to accept sentence credit. Wis. Stat. § 304.072(4). Accordingly, we reverse the court of appeals decision that affirmed the circuit court’s denial of Obriecht’s motion for sentence credit”
Reversed
PATIENCE DRAKE ROGGENSACK, C.J
Concurring: BRADLEY, J., joined by ABRAHAMSON and CROOKS, JJ. concur (Opinion filed)