State v. Petty

The defendant-petitioner Gary Lewis Petty (Petty) seeks review of an unpublished court of appeals decision which affirmed Petty's conviction, following a guilty plea, for possession of cocaine with intent to deliver and the circuit court's order denying post-conviction relief. The court of appeals concluded that Petty was judicially estopped from asserting a claim that under Wis. Stat. § 161.45 (1991-92) 1 , his state conviction was statutorily barred because it was part of the conspiracy for which he had pled guilty and was sentenced in federal court.

We are presented with two issues on this…