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STATE v. YANICK

No. 2006AP849-CR.

728 N.W.2d 365 (2007)

2007 WI App 30

STATE of Wisconsin, Plaintiff-Respondent, v. Martin V. YANICK, Jr., Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed January 25, 2007.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Martin V. Yanick, Jr., pro se.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs of Maura FJ Whelan, assistant attorney general, and Peggy A. Lautenschlager, attorney general.

Before LUNDSTEN, P.J., DYKMAN and VERGERONT, JJ.

¶ 1 LUNDSTEN, P.J.

Martin Yanick is now serving an imposed and stayed prison sentence following revocation of his probation. He seeks sentence credit against this sentence for time he alleges he spent serving jail time as a condition of probation. A dispute over this conditional jail time arises because it overlaps with time Yanick spent serving an unrelated prison sentence. The circuit court denied sentence credit for this overlapping time. We reverse. We conclude...

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