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State v. Zahurones

Court of Appeals of Wisconsin, District III

September 10, 2019

State of Wisconsin, Plaintiff-Respondent,
v.
Amy Joan Zahurones, Defendant-Appellant.

          APPEAL from a judgment and an order of the circuit court for Langlade County, No. 2015CF115 JOHN B. RHODE, Judge. Reversed in part and cause remanded with directions.

          Before Stark, P.J., Hruz and Seidl, JJ.

          STARK, P.J.

         ¶1 Amy Zahurones pled no contest to four counts arising from a single course of conduct. On three of the counts to which Zahurones pled, the circuit court withheld sentence and imposed two years' probation. The court deferred entry of judgment on the remaining count-Count 2-pending the successful completion of Zahurones' probation. However, following multiple probation holds, both Zahurones' probation and the deferred entry of judgment agreement were revoked, and Zahurones received concurrent sentences on all four counts.

         ¶2 Zahurones now appeals, arguing the circuit court erred by granting her insufficient sentence credit against her sentence on Count 2. Specifically, Zahurones argues she is entitled to credit on Count 2 for time she spent in custody on probation holds on the other counts. We agree with Zahurones that the time she spent in custody on the probation holds was "in connection with" the course of conduct for which sentence was imposed on Count 2. Under Wis.Stat. § 973.155(1)(a) (2017-18), [1] Zahurones was therefore entitled to sentence credit for those time periods against her sentence on Count 2. Accordingly, we reverse that portion of the judgment of conviction granting Zahurones only four days of sentence credit on Count 2 and that portion of the postconviction order denying Zahurones' request for additional sentence credit on that count. We remand for the circuit court to modify the judgment of conviction to grant Zahurones a total of 276 days of sentence credit against her sentence on Count 2.

         BACKGROUND

         ¶3 The criminal complaint in this case alleges that on July 3, 2015, police entered a house in which Zahurones was living and found Zahurones in a back bedroom. In the same room, officers also found several clonazepam tablets, a pill bottle containing multiple types of prescription medication, a pipe containing burnt marijuana residue, and drug paraphernalia related to methamphetamine use. Zahurones refused to follow the officers' instructions and was placed under arrest. She continued to be uncooperative after her arrest, and the officers were ultimately required to pick her up and carry her to a squad car. Zahurones' two-year-old daughter was among the individuals in the residence at the time of her arrest. A social worker subsequently transported the child to a hospital where she tested positive for methamphetamine.

         ¶4 Based on the events described above, the State charged Zahurones with the following six counts, each as a repeater:

• Count 1: possession of drug paraphernalia;
• Count 2: physical abuse of a child;
• Count 3: possession of a controlled substance;
• Count 4: possession of an illegally obtained prescription drug;
• Count 5: resisting an officer; and
• Count 6: possession of drug paraphernalia.

         Zahurones spent four days in custody on these charges before ...


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