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Sentence Credit
By: Derek Hawkins//September 29, 2021//
Listen to this articleWI Court of Appeals – District II
Case Name: State of Wisconsin v. Avery B. Thomas, Jr.,
Case No.: 2020AP976-CR
Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.
Focus: Sentence Credit
Avery B. Thomas, Jr. appeals from the denial of sentence credit for forty-eight days spent in federal custody based on a hold that was imposed due to his criminal conduct in this case. The circuit court denied the sentence credit on the ground that WIS. STAT. § 973.155(1)(b) (2019-20) only applies to state holds. We reverse, as “[t]he clear intent of [§] 973.155 is to grant credit for each day in custody regardless of the basis for the confinement as long as it is connected to the offense for which sentence is imposed.” State v. Elandis Johnson, 2009 WI 57, ¶31, 318 Wis. 2d 21, 767 N.W.2d 207 (quoting State v. Gilbert, 115 Wis. 2d 371, 380, 340 N.W.2d 511 (1983)).
Derek A Hawkins is Corporate Counsel, at Salesforce.
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