Sentence Credit.

Byline: Derek Hawkins

WI Court of Appeals District III

Case Name: State of Wisconsin v. Wyatt William Kontny

Case No.: 2019AP1257-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Sentence Credit

Wyatt Kontny appeals a judgment of conviction and an order denying his postconviction motion seeking one day of additional sentence credit under WIS. STAT. 973.155 (2017-18). Kontny argues he is entitled to 162 days of sentence credit instead of 161 days because he should have been granted credit for the date of his arrest, during which he spent fourteen minutes in custody. The circuit court denied Kontny's motion for additional sentence credit, concluding Kontny was barred from seeking additional credit because he had stipulated to 161 days of sentence credit during his sentencing hearing.

On appeal, the State concedes the circuit court erred by concluding that Kontny's stipulation to the amount of sentence credit during his sentencing hearing barred him from seeking additional credit following his conviction. The State also concedes that Kontny was entitled to one day of credit for the date of his arrest, even though he was in custody for only fourteen minutes that day. The State argues, however, that Kontny is nevertheless entitled to only 161 days of sentence credit because he is not entitled to any...