Sentence Credit

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Amy Joan Zahurones

Case No.: 2018AP1845-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Sentence Credit

Amy Zahurones pled no contest to four counts arising from a single course of conduct. On three of the counts to which Zahurones pled, the circuit court withheld sentence and imposed two years’ probation. The court deferred entry of judgment on the remaining count—Count 2—pending the successful completion of Zahurones’ probation. However, following multiple probation holds, both Zahurones’ probation and the deferred entry of judgment agreement were revoked, and Zahurones received concurrent sentences on all four counts.

Zahurones now appeals, arguing the circuit court erred by granting her insufficient sentence credit against her sentence on Count 2. Specifically, Zahurones argues she is entitled to credit on Count 2 for time she spent in custody on probation holds on the other counts. We agree with Zahurones that the time she spent in custody on the probation holds was “in connection with” the course of conduct for which sentence was imposed on Count 2. Under WIS. STAT. § 973.155(1)(a) (2017-18), Zahurones was therefore entitled to sentence credit for those time periods against her sentence on Count 2. Accordingly, we reverse that portion of the judgment of conviction granting Zahurones only four days of sentence credit on Count 2 and that portion of the postconviction order denying Zahurones’ request for additional sentence credit on that count. We remand for the circuit court to modify the judgment of conviction to grant Zahurones a total of 276 days of sentence credit against her sentence on Count 2.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.