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STATE v. McCREADY

Nos. 99-1822-CR, 99-1823-CR.

234 Wis.2d 110 (2000)

2000 WI App 68

608 N.W.2d 762

STATE of Wisconsin, Plaintiff-Respondent, v. James McCREADY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 23, 2000.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Jack E. Schairer of Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Sally L. Wellman, assistant attorney general.

Before Brown, P.J., Anderson and Snyder, JJ.

¶ 1. BROWN, J.

James McCready comes before this court arguing that the circuit court did not have subject matter jurisdiction to grant him the very relief he sought — termination of his probation. His posture before the court begs for application of judicial estoppel. We reach the merits, however, and conclude that a probationer has the right to refuse probation not only when it is first imposed but at any time while serving it. A grant of a probationer...

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