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STATE v. GRAY

No. 87-869.

429 N.W.2d 571 (1988)

STATE of Iowa, Plaintiff-Appellant, v. Victor Wendell GRAY, Defendant-Appellee.

Court of Appeals of Iowa.

July 27, 1988.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and Mark Zbieroski, Asst. Atty. Gen., for plaintiff-appellant.

Michael J. Laughlin, Asst. Appellate Defender, for defendant-appellee.

Heard by DONIELSON, P.J., and HAYDEN and HABHAB, JJ.

HAYDEN, Justice.

The State appeals the district court order dismissing the charge of theft against defendant, Victor Wendell Gray. This order was predicated on the district court's rejection of the State's request to amend the charge from theft to burglary. The State contends this rejection was erroneous. We affirm.

In 1983 Gray was charged with theft in the second degree. He was accused of unlawfully exercising...

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