State v. ObriechtAnnotate this Case
Petitioner was charged with and convicted of seven misdemeanors and one felony. Prior to serving his sentences, defendant was in custody in 1998, 1999, and 2001, Upon his conviction, Petitioner was given some sentence credit for these periods of custody, but he accumulated more sentence credit than the court awarded. After Petitioner’s parole from the felony sentence was revoked, Petitioner requested sentence credit. The circuit court denied Petitioner’s motion for sentence credit. The court of appeals affirmed. The Supreme Court reversed, holding (1) forty-two of the 105 days of custody prior to Defendant’s 2001 incarceration should have been applied to his term of reincarceration for the felony conviction; and (2) when a convicted defendant’s parole is revoked, the parolee’s indeterminate sentence that was issued by the circuit court resumes running so that it is available to accept sentence credit.