Opinion
Case No. 98-3137-CR.
Opinion Filed: July 13, 2000.
APPEAL from an order of the circuit court for Rock County: JOHN W. ROETHE, Judge. Affirmed.
Before Dykman, P.J., Eich and Deininger, JJ.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)5 (1997-98).
Lloyd Pelly appeals from an order on sentence credit. The issue is whether he should have received credit for time served while electronically monitored on probation. We conclude that he is not entitled to the credit, and therefore reverse.
¶ 2. Pelly received probation on a felony drug conviction. While on probation he was placed on electronic monitoring by his probation officer to insure his attendance at drug treatment classes. He was sentenced after revocation to a six-year prison term. The trial court denied sentence credit for the fifty-six days he spent on electronic monitoring.
¶ 3. In State v. Magnuson , 2000 WI 19, ¶ 25, 233 Wis.2d 40, 606 N.W.2d 536, 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. Probationers are not subject to escape prosecutions. See Wis. Stat. § 946.42(1)(a) (1997-98). The trial court therefore properly denied credit.
By the Court. — Order affirmed.