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STATE v. COBB

No. 86-0007-CR.

135 Wis.2d 181 (1986)

400 N.W.2d 9

STATE of Wisconsin, Plaintiff-Respondent, v. Alvis COBB, Jr., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 5, 1986.

Attorney(s) appearing for the Case

For the defendant-appellant, the cause was submitted on the briefs of Donna L. Hintz, assistant state public defender and Margaret A. Maroney, assistant state public defender.

For the plaintiff-respondent, the cause was submitted on the brief of Bronson C. La Follette, attorney general and Mary Batt, assistant attorney general.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

The subject of this appeal is whether time spent in a drug treatment facility as a condition of probation should be credited to an individual upon revocation under the sentence credit statute.1 We hold that because the defendant was not "in custody" while at the center, within the meaning of sec. 973.155(1)(a), Stats., the trial court did not err in denying sentencing credit.

Alvis Cobb, Jr., was found guilty of delivery...

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