Sentence Credit

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Cesar Antonio Lira

Case No.: 2019AP691-CR; 2019AP692-CR

Officials: Blanchard, Dugan and White, JJ.

Focus: Sentence Credit

Cesar Antonio Lira appeals the circuit court orders denying his motions for sentence credit on two Wisconsin sentences. Lira argues that WIS. STAT. § 973.15(5) (2017-18) requires that his sentence be credited with the time he served in the custody of Oklahoma authorities. Under the interpretation of § 973.15(5) set forth in State v. Brown, 2006 WI App 41, 289 Wis. 2d 823, 711 N.W.2d 708, we agree that Lira is eligible for sentence credit for the time he served in Oklahoma prison after Wisconsin legally returned him to Oklahoma custody. However, Lira has failed to prove that he is entitled to credit for the initial time period he spent in Oklahoma custody after his arrest there for criminal conduct committed in Oklahoma.

Additionally, Lira requests sentence credit under Wisconsin’s traditional sentence credit statutes. We conclude he is not eligible for presentence credit under WIS. STAT. § 973.155 from the date of his arrest in Oklahoma until sentencing on his Oklahoma criminal charges. We agree with Lira that he accrued sentence credit for his time in Wisconsin and Texas jails in 2005 and 2006 under WIS. STAT. §§ 304.072 and 973.155 because he was in custody partly related to the 1992 and 1999 cases. Accordingly, we affirm in part and reverse in part the orders of the circuit court and remand for proceedings consistent with this decision.

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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.