Opinion
No. 2013AP733–CR.
2013-12-10
STATE of Wisconsin, Plaintiff–Respondent, v. Nicholas G. MISTRIOTY, Defendant–Appellant.
State ex rel. Simpson v. Schwarz, 2002 WI App 7, ¶ 32, 250 Wis.2d 214, 640 N.W.2d 527 (quoting Magnuson, 233 Wis.2d 40, ¶ 26, 606 N.W.2d 536). Id., 233 Wis.2d 40, ¶ 46, 606 N.W.2d 536. Consistent with Magnuson, Mistrioty's argument fails. The fact that Mistrioty may “suffer negative legal consequences” for not following the terms of GPS monitoring does not mean that he is entitled to sentence credit. See id. Rather, because Mistrioty was not subject to an escape charge during the time he was on GPS monitoring, he is not entitled to sentence credit. See id., ¶ 25.