State v. Gavigan

In State v. Gavigan, 122 Wis. 2d 389, 362 N.W.2d 162 (Ct. App. 1984), the Court denied dual credit for time spent on one sentence before a later unrelated sentence was imposed and ordered to be served concurrently. Gavigan was arrested for fleeing an officer. See id at 390. After his arrest, he was charged with a robbery he had committed two days before. See id. Thirty-nine days after his arrest, he pled guilty to the misdemeanor fleeing charge and was sentenced to sixty days' imprisonment. See id. He was later tried and convicted of the robbery charge and sentenced to a three-year prison term to be served concurrently with the balance of the fleeing sentence. See id. at 391. The Court held that Gavigan was not entitled to presentence credit on the robbery sentence for the time he spent serving the fleeing sentence because the two charges were unrelated. See id. at 395.