The Wisconsin Court of Appeals has ruled that Matthew Guy O'Dierno is entitled to a total of 207 days of sentence credit for time served in custody. This decision affects O'Dierno's sentencing in a criminal case stemming from events that occurred in June 2023. The ruling clarifies how sentence credit is calculated when a defendant is serving time in custody for multiple cases.
The court's ruling comes after O'Dierno appealed a decision from the Rock County Circuit Court, which had granted him only 89 days of credit. The case highlights important legal principles regarding the calculation of sentence credit under Wisconsin law, particularly when a defendant is on probation in an unrelated case.
O'Dierno's case began when he was arrested on June 17, 2023, for charges related to events on that same date. At the time of his arrest, he was on probation for a previous case from September 2022, which included a term of conditional jail time. This conditional jail time allowed him to remain in the community under specific conditions, including electronic monitoring. However, after his arrest, the Department of Corrections placed him on a probation hold, revoked his privileges, and he served 118 days in jail as part of that probation.
After completing the conditional jail time, O'Dierno remained in custody for an additional 89 days while awaiting sentencing in the new case. The circuit court initially awarded him credit only for the 89 days, leading to the appeal. O'Dierno argued that he should receive credit for both periods of custody, totaling 207 days, because they were connected to the same conduct that led to his new charges.
The Court of Appeals, led by Judge Jill Karofsky, reviewed the arguments and the relevant Wisconsin statute, which states that defendants are entitled to credit for all days spent in custody in connection with the conduct for which they are being sentenced. The court concluded that O'Dierno's time spent in custody was indeed connected to the new charges, stating, "O'Dierno's service of 118 days in custody on the conditional jail time was 'in connection with' his new criminal conduct."
As a result, the court modified the judgment to reflect a total of 207 days of sentence credit. This ruling reversed the circuit court's earlier decision that limited O'Dierno's credit to 89 days. The court emphasized that the circumstances of O'Dierno's case were distinct from a previous ruling in State v. Riley, which had denied credit under different circumstances.
The impact of this ruling extends beyond O'Dierno's case. It clarifies how courts in Wisconsin should interpret the statute regarding sentence credit when a defendant is serving time related to multiple cases. This decision may influence future cases involving similar circumstances, ensuring that defendants receive appropriate credit for time served in custody.
Moving forward, O'Dierno's case may still be subject to further legal proceedings. The State of Wisconsin has the option to appeal the Court of Appeals' decision to the Wisconsin Supreme Court. However, details regarding any potential appeal were not available in the court filing.