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Enhancers – Jail as Condition of Probation Tolling Time Limit for Repeater

State v. Todd E. Crider, 2000 WI App 84, 234 Wis. 2d 195, 610 N.W.2d 198
For Crider: Suzanne L. Hagopian, SPD, Madison Appellate

Issue: Whether jail time spent as a condition of probation qualifies as “actual confinement serving a criminal sentence,” so as to extend the § 939.62(2) 5-year period within which a prior conviction must fall to support a repeater enhancement.

Holding: Though time served as a condition of probation is generally not a “sentence,” the relationship between the two is ambiguous and, given the purpose of the repeater act, along with a defendant’s entitlement to sentence credit for time spent in jail as condition of probation, it would be anomalous not to regard probation-confinement as tolling the repeater act time limit.


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