Sentence Credit

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Tanya M. Liedke

Case No.: 2020AP33-CR

Officials: Neubauer, Reilly and Grogan, JJ.

Focus: Sentence Credit

Tanya M. Liedke appeals from an order denying her motion for correction of sentence credit. She argues that she is entitled to additional sentence credit based on an erroneous calculation. Liedke further claims entitlement to sentence credit for the time spent on GPS monitoring. She argues that our supreme court’s interpretation of the statutory term “custody” in State v. Magnuson, 2000 WI 19, 233 Wis. 2d 40, 606 N.W.2d 536, violates her right to equal protection. We reject Liedke’s equal protection argument and agree with the circuit court that she is not entitled to sentence credit for the time she spent on a GPS monitor. We reverse on the amount of sentence credit, as the parties agree that Liedke is entitled to additional credit but dispute what the amount is. As the record before us does not allow us to make that calculation, we remand for the court to determine the correct amount of sentence credit.

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Derek A Hawkins is Corporate Counsel, at Salesforce.