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STATE v. SYLVESTER

No. 93-698.

516 N.W.2d 845 (1994)

STATE of Iowa, Appellant, v. Kimberly Kay SYLVESTER, Appellee.

Supreme Court of Iowa.

Rehearing Denied June 17, 1994.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., Bridget Chambers, Asst. Atty. Gen., Denver Dillard, County Atty., and Harold L. Denton, Asst. County Atty., for appellant.

Karla M. Wolff, Cedar Rapids, for appellee.

Considered en banc.

PER CURIAM.

I. Introduction.

The State appeals the district court's dismissal of charges against Kimberly Sylvester for second-degree theft. Iowa Code §§ 714.1(2),.2(2) (1991). After being charged, Sylvester filed a motion to adjudicate law points and a motion to dismiss, arguing that a partner cannot be found guilty of embezzling partnership assets. The district court agreed and, finding the issue dispositive of the charges, dismissed the...

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