Does my boyfriend have a strong appeal if he was found guilty of the crimes but not guilty for using and theft of the weapon?
Green Bay, WI |
He was charged with theft not for stealing the weapon but they said for using a stolen weapon. it was the only physical evidence and since his finger prints were not on it they found him not guilty of that but guilty for the actual crime.
Your question is really difficult to understand. Can you rephrase that?
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I don't know how the courts view this issue in Wisconsin, but inconsistency of verdicts, if that is what you are asking about, is not necessarily a basis for a successful appeal. There may, however, be other and stronger issues in his case. I suggest that your friend discuss the possibility of an appeal with his trial lawyer and also with an appellate specialist. All states have deadlines for initiating an appeal, and the deadline is usually short. Failure to comply can be fatal to the appeal.
I'm going to go out on a limb here and guess that what you are talking about is an armed robbery or armed burglary charge paired with a separate count for theft of the weapon used in the other crime(s). If that is correct, there is nothing facially inconsistent with those verdicts that would suggest anything one way or another about the sufficiency of the evidence or strength or weakness of any appeal.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.