State v. Witkowski

Gerald Witkowski appeals from a judgment convicting him of attempted armed robbery in violation of secs. 943.32(l)(b), 943.32(2), and 939.32, Stats., and from an order denying his motion for postconviction relief. One of the elements of armed robbery is the "use or threat of use of a dangerous weapon.” Sec. 943.32(2). The sole issue 1 is whether a determination that a robbery victim reasonably believed the robber to be armed may be made on the basis of the robber’s verbal representations alone, unaccompanied by any physical gestures or other visual evidence of the weapon’s existence. We…