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STATE v. GILBERT

Nos. 82-1837-CR, 82-1838-CR, 83-265-CR.

115 Wis.2d 371 (1983)

340 N.W.2d 511

STATE of Wisconsin, Plaintiff-Respondent, v. David Lee GILBERT, Defendant-Appellant. [Nos. 82-1837-CR, 82-1838-CR.] STATE of Wisconsin, Plaintiff-Respondent, v. Leonard K. BRAXTON, Defendant-Appellant. [No. 83-265-CR.]

Supreme Court of Wisconsin.

Decided November 30, 1983.

Attorney(s) appearing for the Case

For the defendant-appellant, David Lee Gilbert, there were briefs and oral argument by Margaret A. Maroney, assistant state public defender.

For the defendant-appellant, Leonard K. Braxton, there were briefs by Alan G. Habermehl and Kalal & Habermehl, Madison, and oral argument by Alan G. Habermehl.

For the plaintiff-respondent there were briefs by Scott L. Horne, La Crosse county assistant district attorney, and Pamela Magee-Heilprin, assistant attorney general, with Bronson C. La Follette, attorney general, on the briefs and oral argument by Ms. Magee-Heilprin.

Amicus curiae brief was filed by Frank J. Remington, Jackson Professor of Law, and Ronald F. Talsky, supervising attorney, for the Legal Assistance To Institutionalized Persons Program, Madison.

STEINMETZ, J.

The issue in these cases is the same and that is whether sec. 973.155, Stats.,1 requires that a defendant be granted credit toward his sentence for time spent in the county jail as a condition of his probation.

David Lee Gilbert, pled guilty on April 23, 1982, to the misdemeanor charges of resisting an officer2 and bail jumping.

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