State v. Crider

¶ 1. Todd E. Crider appeals from a judgment and an order denying his postconviction motion to vacate his conviction as a habitual offender and commute his sentence to the maximum term without the habitual offender enhancement. Arguing that he does not qualify as a habitual offender, Crider claims that his present offense was not committed within the five-year period required in Wis. Stat. § 939.62(2) (1997-98) 1 because his period of jail time imposed as a condition of probation was not "time . . . spent in actual confinement serving a criminal sentence." Because we determine that the…