State v. Riske

Edward J. Riske appeals from an order denying his motion to vacate his sentence or deem it satisfied. The first issue is whether Riske is entitled to credit against his sentence for the period during which the jailer refused him admission to an overcrowded county jail. We hold that Riske is entitled to that credit. The second issue is whether he is entitled to credit after he was to have reported back to the jail but failed to do so. We hold he is not. We therefore reverse the order in part and remand with directions to credit Eiske's sentence for the period from the date he was refused…