Sufficiency of Evidence – Vagueness of Statute

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Brian Grandberry

Case No.: 2016AP173-CR

Officials: Curley, P.J.

Focus: Sufficiency of Evidence – Vagueness of Statute

Brian Grandberry appeals his conviction for carrying a concealed weapon (CCW) contrary to WIS. STAT. § 941.23(2) and 939.51(3)(a) entered after a court trial on stipulated facts. Grandberry argues that: (1) there was insufficient evidence to convict him of CCW as he was in full compliance with the safe transport statute found in WIS. STAT. § 167.31; and (2) the CCW statute (§ 941.23) was void for vagueness as applied to a person like him, as he was in compliance with the safe transport statute. The stipulated facts are sufficient to convict Grandberry of CCW as the stipulated facts support the three elements of the CCW statute. Likewise, the CCW statute is not void for vagueness as to him because circumstantial evidence supports a conclusion that he knew he was prohibited from carrying a concealed and loaded handgun in his glove compartment, evidenced by the fact he lied to the police when he told the police that he had a CCW permit and then admitted that he took a class to get a permit but failed to actually apply for it. Thus, this court affirms the conviction.

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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.