State v. Johnson
Court of Appeals of Wisconsin
1Opinion of the Court
*706SULLIVAN, J.
Is asportation an element of the crime of armed robbery when the property at issue is an automobile? Based on the Wisconsin Supreme Court's holding in Moore v. State, 55 Wis. 2d 1, 197 N.W.2d 820 (1972), and our own decision in State v. Grady, 93 Wis. 2d 1, 286 N.W.2d 607 (Ct. App. 1979), we hold that asportation is a necessary element to the crime of completed armed robbery. See § 943.32(1)(b) & (2), Stats.
I. Background.
Robert Johnson pleaded guilty to armed robbery.1 The criminal complaint alleged the following facts. Johnson, while armed with a handgun and after leaving the…
2Cases cited11 opinions
- People v. AlamoNew York Court of Appeals · 1974
- State v. GradyCourt of Appeals of Wisconsin · 1979
- State v. SpearsCourt of Appeals of Wisconsin · 1988
- Berry v. StateWisconsin Supreme Court · 1979
- Moore v. StateWisconsin Supreme Court · 1972
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3Cited by5 opinions
- State v. Patrick K. TourvilleWisconsin Supreme Court · 2016
- State v. WestCourt of Appeals of Wisconsin · 1997
- Mrozek v. INTRA FINANCIAL CORPORATIONCourt of Appeals of Wisconsin · 2004
- State v. NorrisCourt of Appeals of Wisconsin · 1997
- State v. JohnsonCourt of Appeals of Wisconsin · 1996