Insufficiency of Evidence – Abuse of Discretion

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Criminal

WI Court of Appeals – District IV

Officials: Lundsten, Higginbotham, and Blanchard, JJ

Insufficiency of Evidence – Abuse of Discretion

2014AP2103-CR State of Wisconsin v. Anthony M. Lee

Anthony Lee appeals judgments convicting him after a jury trial of multiple crimes, including burglary, battery, substantial battery, and second-degree recklessly endangering safety, all as party to a crime and by use of a dangerous weapon. Lee contends that: (1) the evidence was insufficient to support application of the dangerous weapon enhancer; (2) the evidence was insufficient to support the convictions for substantial battery and second-degree recklessly endangering safety; (3) the circuit court erred by denying Lee’s motions challenging the sufficiency of the evidence at trial; and (4) the circuit court erroneously exercised its discretion by instructing the jury as to the “natural and probable consequences” theory of liability. We conclude that the evidence was sufficient to support the enhancer and the convictions, and that the circuit court did not err by denying Lee’s motions or by instructing the jury as to the natural and probable consequences of the underlying burglary. We affirm.

Decision

Affirmed. Per Curiam

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.