Sentence Credit

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Zachary S. Friedlander

Case No.: 2017AP1337-CR

Officials: Sherman, Blanchard and Kloppenburg, JJ.

Focus: Sentence Credit

Zachary Friedlander appeals the order of the circuit court denying him sixty-five days of sentence credit for time that he should have been in custody of the Jefferson County Jail, but was not, after prison officials released him from Oshkosh Correctional Institution and failed to transfer him to the jail or otherwise order him to report to the jail, and he met repeatedly with his probation agent who did not tell him to report to jail. Friedlander argues that, under State v. Riske, 152 Wis. 2d 260, 448 N.W.2d 260 (Ct. App. 1989), and State v. Dentici, 2002 WI App 77, 251 Wis. 2d 436, 643 N.W.2d 180, he earned sixty-five days’ credit because he was absent from jail through no fault of his own. We agree. We reverse the order denying Friedlander’s request for sentence credit and remand the cause with directions to amend the judgment of conviction to reflect an additional sixty-five days of credit, to be applied in the event that his probation is revoked and sentence is imposed.

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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.