Court of Appeals of Wisconsin.
Case No. 97-2432-CR.
Opinion Released: March 3, 1998. Opinion Filed: March 3, 1998. This opinion will not be published. See RULE 809.23(1)(b)5, STATS.
APPEAL from a judgment of the circuit court for Outagamie County: HAROLD V. FROEHLICH, Judge. Affirmed.
Before Cane, P.J., Myse and Hoover, JJ.
PER CURIAM.
Robert Wilson appeals a judgment convicting him of fraudulent use of a financial transaction card and sentencing him to four years in prison concurrent with a California sentence. He argues that the trial court should have given him eighty-nine days’ credit for pretrial incarceration and that the court that conducted his preliminary examination improperly exercised its discretion when it granted the State an adjournment after a key witness failed to appear. We reject these arguments and affirm the judgment.
Wilson was not entitled to credit for pretrial incarceration. After Wilson was arrested on this charge, he posted $10,000 bail and absconded. By the time he was returned to Wisconsin, pursuant to the Interstate Agreement on Detainers, he had been convicted in California and was serving a prison term there. The time Wilson spent in the Outagamie county jail awaiting trial is not credited against his sentence because he was serving his California sentence during that time. Even if Wilson had been released on bail from the Wisconsin charge, he would not have been released from custody. Sentence credit is not granted for presentence time if the defendant is serving a previously imposed sentence for an unrelated crime, even if the subsequent sentence runs concurrent with the earlier sentence. SeeState v. Beets, 124 Wis.2d 372, 379, 369 N.W.2d 382, 385 (1985); State v. Amos, 153 Wis.2d 257, 280-81, 450 N.W.2d 503, 512 (Ct.App. 1989); State v. Gavigan, 122 Wis.2d 389, 394, 362 N.W.2d 162, 165 (Ct.App. 1984).
Wilson’s no contest plea constitutes a waiver of any defect in the preliminary examination. A defendant who claims error at his preliminary hearing may only obtain relief before trial See State v. Webb, 160 Wis.2d 622, 628, 467 N.W.2d 108, 110 (1991). Generally, a valid no contest plea waives all nonjurisdictional defects and defenses. SeeState v. Aniton, 183 Wis.2d 125, 129, 515 N.W.2d 302, 303 (Ct.App. 1994). Even if the alleged error here were viewed as a personal jurisdiction defect, lack of personal jurisdiction is waived by the no contest plea.[1] SeeGodard v. State, 55 Wis.2d 189, 190, 197 N.W.2d 811, 812 (1972).
By the Court. — Judgment affirmed.