Sentence Credit

Listen to this article

WI Court of Appeals – District II

Case Name: State of Wisconsin v. Lazeric R. Maxey

Case No.: 2015AP2137-CR

Officials: NEUBAUER, C.J.

Focus: Sentence Credit

Lazeric R. Maxey appeals from an order denying his motion for a 138-day credit against his sentence after revocation of probation in this misdemeanor case. The circuit court properly denied Maxey’s motion for sentence credit. The record indicates that the 138 days Maxey spent incarcerated were the result of two extended supervision holds on a prior felony conviction, arising first from the commission of the misdemeanor at issue in this case, and later, from new criminal charges. His probation in this misdemeanor case was also revoked as a result of the new criminal charges. Maxey argues he is entitled to sentence credit in this case for the time spent in custody during the extended supervision holds because of the overlap. The circuit court ordered the sentence after revocation of probation in this misdemeanor case to run consecutive to the felony sentence. The sentence on the felony was imposed first, and there was more than sufficient time remaining on the felony against which to apply the sentence credit for the extended supervision holds. The credit must be applied linearly—to the first applicable sentence. Maxey is not entitled to double credit and has failed to establish that he is entitled to credit on this consecutive misdemeanor sentence. We affirm

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.