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STATE v. RISKE

No. 88-1879-CR.

152 Wis.2d 260 (1989)

448 N.W.2d 260

STATE of Wisconsin, Plaintiff-Respondent, v. Edward J. RISKE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 7, 1989.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of John E. Tradewell, assistant state public defender.

For the defendant-appellant the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Thomas J. Balistreri, assistant attorney general.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

GARTZKE, P.J.

Edward J. Riske appeals from an order denying his motion to vacate his sentence or deem it satisfied. The first issue is whether Riske is entitled to credit against his sentence for the period during which the jailer refused him admission to an overcrowded county jail. We hold that Riske is entitled to that credit. The second issue is whether he is entitled to credit after he was to have reported back to the jail but failed to do so. We hold he is not...

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