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State v. Eliseo T. Brown, 2010 WI App 43

court of appeals decision; for Lee: Devon M. Lee, SPD, Madison Appellate; Resp. Br.; Reply Br.

Sentence Credit – Wisconsin Custody under Foreign Parole Hold
Time spent in Wisconsin custody under a foreign parole hold must be credited against the Wisconsin sentence, even though it is ordered “consecutive to any previously imposed sentence.” Concern about “dual credit” is not yet “ripe,” because the foreign jurisdiction has not, and may never, execute the revocation. On the other hand, if credit is denied but revocation never occurs then the defendant will be denied credit altogether. “A sentence credit decision that effectively nullifies the sentence credit earned is improper,” ¶8.

¶1        … We conclude that until the other sovereignty has actually acted on whether to grant credit, the Wisconsin sentence is the only outstanding sentence against which the court can grant credit. Therefore, the question of “double credit” is not ripe. So the Wisconsin court, the only court the issue of credit is before, should grant credit. Otherwise, if the other sovereignty never acts, the offender would not receive credit where credit is due. We reverse because the trial and postconviction court in this case refused to order sentence credit.

Omitted from the block quote, so you’ll have to check it out yourself: an absolutely great opening line, from one of our finest judicial authors.

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