Bautista v. State

As to both defendants, two issues are raised:

1. Is there sufficient credible evidence to support the convictions of robbery, party to a crime ?

2. Should a new trial be ordered in the interest of justice?

As to Bautista alone there is a third issue: Is the sentence of six years excessive?

The record is clear that neither Bautista nor Dodge actually took the purse from Gandy; therefore their conviction for robbery must rest upon sec. 939.05 (2) (b) and (c), Stats., as a party to the crime.

Two statutes are involved:

“943.32 Robbery. (1) Whoever, with intent to steal, takes property from the person…