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FITZGERALD v. STATE

Nos. 76-471-CR, 76-087-CR.

81 Wis.2d 170 (1977)

259 N.W.2d 743

FITZGERALD, Plaintiff in error, v. STATE, Defendant in error. McCURTY, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided November 30, 1977.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the brief of Howard B. Eisenberg, state public defender, and Ronald L. Brandt, deputy state public defender.

For defendant in error: Bronson C. La Follette, attorney general, and John M. Schmolesky, assistant attorney general. [Case No. 76-471-CR.]

For the plaintiff in error the cause was submitted on the brief of Howard B. Eisenberg, state public defender, and Richard M. Slas, assistant state public defender.

For defendant in error: Bronson C. La Follette, attorney general, and John M. Schmolesky, assistant attorney general. [Case No. 76-471-CR.]

[1]

DAY, J.

Both of these cases involve the question of whether Klimas v. State, 75 Wis.2d 244, 248, 249 N.W.2d 285 (1977), requiring the crediting of pre-sentence incarceration time due to indigency, should be made retroactive.1 We hold that it should.

In both these cases motions for credit for pre-sentence time served in jail, because of inability to...

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