Austin v. State

Bobby Earl Austin (hereinafter the defendant) was convicted following a j’ury trial of one count of first-degree murder, contrary to sec. 940.01, Stats.; one count of attempted first-degree murder, contrary to secs. 940.01 and 939.32; and one count of armed robbery, contrary to sec. 943.32(1) (b) and (2). He was sentenced to the mandatory term of life imprisonment for first-degree murder and concurrent terms of 15 and 7 years for the attempted first-degree murder and armed robbery, respectively. On review the defendant challenges the attempted murder and armed robbery convictions.

We decline…