Sentence Credit

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WI Supreme Court

Case Name: State of Wisconsin v. Cesar Antonio Lira

Case No.: 2021 WI 81

Focus: Sentence Credit

This is a review of an unpublished decision of the court of appeals, State v. Lira, Nos. 2019AP691-CR & 2019AP692-CR, unpublished slip op. (Wis. Ct. App. Sep. 29, 2020), affirming in part and reversing in part the Milwaukee County circuit court’s order denying Cesar Antonio Lira’s motion for sentence credit. Lira argues that he is entitled to sentence credit against his 1992 and 1999 sentences for time he spent incarcerated in Oklahoma between 2006 and 2017. According to Lira, he was “made available” to Oklahoma and, under Wis. Stat. § 973.15(5) (2017- 18), he is entitled to credit for time served. In addition, Lira claims that under Wis. Stat. §§ 304.072(5) and 973.155,4 he must receive credit for time he spent detained in Wisconsin and Texas from 2005 to 2006.

Both Wis. Stat. §§ 973.15(5) and 304.072(5) incorporate Wisconsin’s foundational sentence-credit statute, Wis. Stat. § 973.155, and under § 973.155, Lira is not entitled to credit. Neither his incarceration in Oklahoma between 2006 and 2017 nor his detention in Wisconsin and Texas between 2005 and 2006 were “in connection with the course of conduct for which [the 1992 and 1999 sentences were] imposed.” § 973.155(1)(a). Thus, we reverse the court of appeals and conclude that Lira is not entitled to sentence credit.

Reversed

Concur:

Dissent:

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Derek A Hawkins is Corporate Counsel, at Salesforce.