State v. Daryl J. Teska, 2011AP1010-CR, District 2, 3/14/12
Teska was originally placed on probation, sentences withheld, on 3 counts; jail time as a condition of probation was ordered as to 1 count. Probation was later revoked and although all 3 of sentences were imposed concurrently, credit for the time spent in jail as a condition of probation was allocated only to that particular count. The court of appeals now rejects Teska’s argument that credit should have been awarded on the other 2 counts as well. Credit for time spent in custody must be factually connected to the course of conduct for which sentence is imposed; even though the counts involved similar conduct (leaving a voice mail, as compared with a text, message on the same date), credit requires that the conduct involve “the same specific acts,” State v. Tuescher, 226 Wis. 2d 465, 475, 595 N.W.2d 443 (Ct. App. 1999).
¶8 For custody credit to be granted, the days spent in custody must be factually, not just procedurally, connected to the course of conduct for which sentence was imposed. See State v. Johnson, 2009 WI 57, ¶33, 318 Wis. 2d 21, 767 N.W.2d 207. In this case, the six months of jail time Judge Kennedy ordered Teska to serve as a condition of probation was factually related only to the underlying course of conduct in count one of No. 2009CM340, sending a text message to the victim on June 29, 2009, in violation of the domestic abuse injunction in place at the time. Thus, the 83 days Teska served on that count alone, from the date he began serving the condition time, March 1, 2010, through the date the probation hold was put in place on all three counts, May 23, 2010, were only “in connection with” Teska sending that text message.