State v. Boettcher

In State v. Boettcher, 144 Wis. 2d 86, 423 N.W.2d 533 (1988), the question posed was "whether it is permissible under the law to allow additional time-credit reduction on an arrest-related consecutive sentence when the credit for the same period in custody has already been applied upon revocation of probation to reduce a prior-imposed stayed sentence." Id., 144 Wis. 2d at 87. Boettcher was arrested for violating the conditions of his probation by possessing firearms and remained in custody for 100 days on a probation hold until revoked. On revocation, a previously imposed, but stayed, three-year burglary sentence commenced. See id. at 88. Boettcher's three-year burglary sentence was credited with the 100 days spent in custody on the probation hold. Thereafter, Boettcher was sentenced to a one-year term on the charge of being a felon in possession of a firearm, to be served consecutively to the burglary sentence. See id. at 89. Boettcher argued that he was entitled to 100 days' credit on the firearm sentence as well as the burglary sentence because he had been in custody in connection with both the firearm charge and the pending burglary probation revocation. See id. The Court disagreed: "While acknowledging that in cases where sentences are concurrent dual credit may be permissible ... no dual credit is allowable where consecutive sentences are imposed." Id. at 90. It concluded that "the objective with consecutive sentences is to assure that credit is awarded against one, but only one, of the consecutive sentences." Id. at 101 . The Court explained that the drafters of 973.155 used "course of conduct" to ensure that "a defendant who was charged with rape, but convicted of assault ... get his full presentence credit." Thus, the court explained, "course of conduct" was "not intended to refer to dual credit for multiple charges, but was instead intended to assure that credit would be given in the case of a conviction of a different crime than that charged." Id.