00-3129-CR State v. Behnken

Listen to this article

The trial court, consistent with a joint sentencing recommendation under a plea agreement, imposed and stayed a six-year prison term and placed Michael Behnken on probation. He appeals the judgment convicting him of disorderly conduct and resisting an officer, claiming error only in the enhanced sentence he received for being a habitual criminal. He also appeals an order denying his motion for postconviction relief from the enhanced sentence. Behnken claims that because he never admitted his repeater status as required by statute and case law, his sentence exceeds the maximum penalty for his crimes. We conclude that the totality of the record shows that Behnken admitted to his repeater status, and, even if the record were insufficient in this regard, he should be judicially estopped from attacking the sentence he requested the court to impose. We thus affirm the judgment and order. This opinion will not be published.

Dist IV, Jefferson County, Erwin, J., Deininger, J.

Attorneys:

For Appellant: Patricia L. Arreazola, Janesville

For Respondent: David J. Wambach, Jefferson, et al.