Sentence Credit

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WI Supreme Court

Case Name: State of Wisconsin v. Richard H. Harrison, Jr.,

Case No.: 2020 WI 35

Focus: Sentence Credit

We review an unpublished decision of the court of appeals reversing an order of the circuit court that granted sentence credit to Richard H. Harrison, Jr. pursuant to Wis. Stat. § 973.155(1)(a) (2017–18) and remanded with directions to advance the commencement of concurrent terms of extended supervision for Harrison’s 2007 and 2008 cases to the date they would have begun but for Harrison’s confinement for unrelated convictions that later were set aside.

We agree with the court of appeals that Harrison is not entitled to sentence credit pursuant to Wis. Stat. § 973.155(1)(a). Harrison is not entitled sentence credit under § 973.155(1)(a) because the days he spent in custody for which he seeks sentence credit were not in connection with the courses of conduct for which those sentences were imposed. He also is not entitled to sentence credit pursuant to Wis. Stat. § 973.04 because sentences for the 2007 and 2008 crimes were not vacated and re-imposed for the same crimes and the requested credit did not arise from vacated sentences for those crimes. Furthermore, we conclude that the court of appeals erred by advancing the commencement of Harrison’s terms of extended supervision for the 2007 and 2008 cases. Whether to employ advancement is a public policy decision that is better left to the legislature. Accordingly, we reverse the court of appeals decision in regard to advancement.

Reversed

Concur: DALLET, J., filed a concurring opinion in which ANN WALSH BRADLEY, J. joined.

Dissent:

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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.