opinion is subject to further editing. If published, the
official version will appear in the bound volume of the
Official Reports. A party may file with the Supreme Court a
petition to review an adverse decision by the Court of
Appeals. See WIS. STAT. § 808.10 and RULE 809.62.
from a judgment and an order of the circuit court for
Milwaukee County No. 2015CF1762: DENNIS FLYNN and JANET C.
PROTASIEWICZ, Judges. Affirmed in part; reversed in part and
Neubauer, C.J., Gundrum and Hagedorn, JJ.
Larry Davis appeals from his judgment of conviction and the
denial of his postconviction motion. He contends the circuit
court erred in denying his request for an additional
twenty-three days of sentence credit and in ordering him to
maintain "absolute sobriety" as a condition of
extended supervision. We agree Davis is entitled to the
sentence credit he seeks and reverse on that issue, but we
conclude the court did not err in ordering absolute sobriety
and affirm on that issue.
On April 21, 2015, while on extended supervision related to a
2011 felony conviction, Davis made violent contact with the
victim in this case, with whom he was ordered not to have
contact as a condition of his extended supervision. Davis was
arrested on that same date and charged with four criminal
counts, and he remained in custody at all times relevant to
this appeal. Davis' extended supervision was revoked on
July 8, 2015, at least in part due to his conduct related to
this case, and on July 31, 2015, he was received at Dodge
Correctional Institution in order to serve his revocation
Davis pled to two of the four counts in this case with the
other two counts being dismissed and read in. On August 26,
2015, the circuit court sentenced Davis to three years of
initial confinement and three years of extended supervision
on count one and nine months of jail on count two. The court
ordered that the sentences be served concurrently to each
other and to any other sentences being served. The court
granted Davis 101 days of sentence credit on count one, but
no credit on count two. Among other conditions of extended
supervision, the court ordered that Davis maintain
After receiving a letter from the department of corrections
with regard to sentence credit, the circuit court amended the
judgment of conviction so as to order that Davis receive an
equal amount of sentence credit on count two as on count one.
In the same order, the court also reduced the amount of
credit on the two counts from 101 to 78 days because Davis
was in custody for seventy-eight days between the time of his
arrest and the time his extended supervision was revoked on
July 8, 2015. The court reasoned that the date of revocation
was the date on which Davis was reconfined on his 2011 case.
Davis moved for postconviction relief, arguing inter alia
that the circuit court erred in reducing his sentence credit
and in ordering him to maintain absolute sobriety as a
condition of extended supervision. The postconviction court
denied his motion with regard to these two issues, and Davis
Davis and the State agree that the circuit court erred in
denying Davis the additional twenty-three days of sentence
credit he seeks. We also agree.
WISCONSIN STAT. § 973.155(1)(a) (2015-16) provides: "A
convicted offender shall be given credit toward the service
of his or her sentence for all days spent in custody in
connection with the course of conduct for which the sentence
was imposed." Whether a defendant is entitled to
sentence credit pursuant to this statute is a question of law
we review independently ...