Firearm Possession-Sufficiency of Evidence

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Joshua Lee Pietrantonio

Case No.: 2023AP000576-CR

Officials:

Focus: Firearm Possession-Sufficiency of Evidence

Joshua Lee Pietrantonio, convicted of armed robbery, firearm possession by a felon, false imprisonment, carrying a concealed weapon, and two counts of misdemeanor bail jumping, appealed his convictions for firearm possession and carrying a concealed weapon. He argued that the evidence was insufficient to prove he possessed a real firearm and carried it concealed.

The court reviewed the evidence presented at trial, which included testimony from the liquor store clerk who described the gun used in the robbery and identified it as similar to a 9-millimeter firearm. The jury also heard from witnesses who saw a person matching Pietrantonio’s description biking near the crime scene and testified that Pietrantonio had a handgun with him at home after the robbery. Although there were inconsistencies and credibility issues with some witnesses, the court found that the evidence was sufficient to support the jury’s conclusions.

For the firearm possession charge, the evidence showed that the gun used during the robbery was likely real, based on witness descriptions and Pietrantonio’s own admissions. For the concealed weapon charge, the jury could reasonably infer that Pietrantonio had concealed the firearm in his backpack while traveling to his home.

The court affirmed the conviction, finding the evidence met the required standard despite challenges to witness credibility and the specifics of the firearm’s nature.

Affirmed.

Decided 07/09/24

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