On Point blog, page 7 of 7

Sentence credit – DIS confinement

State v. Timothy L. Olson, 226 Wis.2d 457, 595 N.W.2d 460 (Ct. App. 1999)
For Olson: Steven P. Weiss, SPD, Madison Appellate

Holding:

Timothy L. Olson appeals from an order denying a postconviction motion for relief.  Olson seeks a 256-day sentence credit for the time he served in the Division of Intensive Sanctions (DIS) program before his probation was revoked and he was given a five-year prison sentence.  

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Sentence Credit – “course of conduct” – concurrent sentences imposed at different times

State v. Daniel C. Tuescher, 226 Wis.2d 465, 595 N.W.2d 443 (Ct. App. 1999)
For Tuescher: David D. Cook

Issue/Holding: Tusecher’s conviction on one count, out of several counts with concurrent sentences, was vacated for new trial. He continued to serve the remaining sentences, and was ultimately convicted and sentenced on a lesser offense on the vacated count. The court holds that Tuescher is not entitled to sentence credit on the resentenced count for time served between vacating and resentencing.

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