By: dmc-admin//February 25, 2002//
“We agree with the trial court that ‘now the defendant wishes he had chosen otherwise based upon the result and now that he knows what the outcome is tells us he would have chosen differently when indeed, he did not.'”
Accordingly, we conclude that judicial estoppel bars defendant’s claim that a cautionary instruction was inadequate to cure the introduction of other-acts evidence, and any error regarding plea offer misinformation was corrected prior to trial. Defendant was given an opportunity to accept the plea offer with the corrected information and instead elected to proceed to trial.
Judgment and order affirmed.
Recommended for publication in the official reports.
Dist II, Waukesha County, Haughney, J., Snyder, J.
Attorneys:
For Appellant: Steven D. Phillips, Madison
For Respondent: Paul E. Bucher, Waukesha; Sandra L. Nowack, Madison