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STATE v. ROCHELT

No. 90-1402-CR.

165 Wis.2d 373 (1991)

477 N.W.2d 659

STATE of Wisconsin, Plaintiff-Respondent, v. Richard L. ROCHELT, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 31, 1991.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of John M. Brinckman of Brinckman & Brinckman of La Crosse.

For the plaintiff-respondent the cause was submitted on the briefs of James E. Doyle, attorney general, with Daniel J. O'Brien, assistant attorney general.

Before Gartzke, P.J., Dykman and Sundby, JJ.

GARTZKE, P.J.

Richard Rochelt appeals from a judgment of conviction for delivery of a controlled substance, sec. 161.41(1)(c)1., Stats. The state relies upon sec. 939.05, Stats., the party to the crime statute, since it presented no evidence that Rochelt directly committed the crime. The state's theory is that on December 24, 1988, undercover agent Pat Buckley bought cocaine from Rochelt through a bartender, Dale Tuel....

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