Opinion
Case No. 98-3160-CR.
Opinion Filed: July 13, 2000.
APPEAL from an order of the circuit court for Dane County: STEVEN D. EBERT, Judge. Reversed and cause remanded.
Before Dykman, P.J., Vergeront and Deininger, JJ.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)5 (1997-98).
Eric Alston appeals from an order on sentence credit. The issue is whether Alston should have received credit for time served under supervision within the division of intensive sanctions. We conclude that he is entitled to the credit, and therefore reverse for entry of a modified order on sentence credit.
¶ 2. Alston received probation on felony and misdemeanor convictions in 1994. While on probation, as an alternative to revocation, he was placed on electronic monitoring within the division of intensive sanctions between July 1996 and July 1997. He was sentenced after revocation to an eighteen-month prison term, in March 1998. The trial court denied sentence credit for the twelve months spent in intensive sanctions.
¶ 3. State v. Magnuson , 2000 WI 19, 233 Wis.2d 40, 606 N.W.2d 536, resolves this appeal. In Magnuson , the supreme court held that an offender is in custody and entitled to sentence credit for any time when the offender is subject to prosecution for escape. Id. at ¶ 25. Offenders who abscond from the intensive sanctions program are subject to escape prosecutions. See id . at ¶ 29; Wis. Stat. § 301.048(5) (1997-98).
By the Court. — Order reversed and cause remanded.