State v. Perez

¶ 1. The State of Wisconsin appeals an order of the circuit court concluding that Carlos Perez, who was convicted of carrying a concealed weapon, did not "use" a weapon while committing that crime and thus is entitled to return of the weapons under WlS. STAT. § 968.20(lm)(b) (1997-98).1 The State argues that if a person commits a crime while "with" a firearm, the firearm may be seized and not returned to the owner. We disagree that this is the proper interpretation of the word "use" as it exists in the statute. We affirm the circuit court.

¶ 2. The necessary facts are few and uncomplicated.…