State v. Cobb

The subject of this appeal is whether time spent in a drug treatment facility as a condition of probation should be credited to an individual upon revocation under the sentence credit statute.1 We hold that because the defendant was not “in custody” while at the center, within the meaning of sec. 973.155(l)(a), Stats., the trial court did not err in denying sentencing credit.

Alvis Cobb, Jr., was found guilty of delivery of heroin based on his plea of no contest. He was sentenced to six years in prison; the sentence was stayed and Cobb was placed on probation for four years commencing when he…