State v. Andrew M. Obriecht, 867 N.W.2d 387

Obriecht was convicted of seven misdemeanors and one felony; felony sentence was stayed and he received probation.
Custody periods before Dodge incarceration included 1998 (257 days), 1999 (142 days), and 2001 (31 days) with various stays and bail conditions.
Court initially awarded 326 days (later 357) of sentence credit against misdemeanors; total custody pre-2001 was 462 days, leaving 105 days credit due.
On August 17, 2001, the felony probation was revoked and a seven-year indeterminate sentence was imposed; no additional credit awarded then.
Parole from the felony sentence was revoked on February 1, 2013; Obriecht first sought 107 days of sentence credit, which the circuit court initially granted before DOC requested reconsideration.
The core issue is whether sentence credit should be applied to reincarceration or to parole time after revocation, and how many days are connected to the felony conduct.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Where credit should be applied after parole revocation	Obriecht merits credit against reincarceration for the felony sentence.	Credit should reduce remaining parole time rather than reincarceration.	Credit applied to the felony sentence, not parole.
Which custody days count as connected to the felony conduct	All custody related to the conduct should count toward the felony sentence.	Only days connected to the felony conduct should count toward reincarceration.	42 days of custody were connected to the felony conduct; 63 days related to misdemeanors.
Effect of parole revocation on the sentence	The indeterminate felony sentence should resume and accept sentence credit.	Parole revocation governs reincarceration time under § 302.11(7).	Parole revocation resumes the circuit court sentence; credit can be applied to reincarceration for the felony sentence.
Relation to mandatory release provisions	§ 302.11(7) would not preclude applying credit to reincarceration.	§ 302.11(7) controls how credit affects parole and reincarceration.	Credit applied consistent with § 973.155 and 304.072(4); § 302.11(7) does not compel credit to parole in this context.

State v. Beets, 124 Wis. 2d 372 (1985) (sentence credit aims to prevent serving more time than sentenced)
Klimas v. State, 75 Wis. 2d 244 (1977) (equal protection basis for credit; preconviction time as partial fulfillment)
State v. Elandis Johnson, 318 Wis. 2d 21 (2009) (custody must be connected to the conduct for which sentence is imposed)
State v. Boettcher, 144 Wis. 2d 86 (1988) (consecutive sentences; credit not issued to more than one sentence)
State v. Edwards, 347 Wis. 2d 526 (2013) (probation is not a sentence; days in custody after sentencing may be non-felony)
State v. Wolfe, 242 Wis. 2d 426 (2001) (credit must be applied to incarceration term, not stayed sentence)
State v. Hintz, 300 Wis. 2d 583 (2007) (custody in connection with the course of conduct for which sentence is imposed)