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STATE v. HOGREFE

No. 95-1155.

557 N.W.2d 871 (1996)

STATE of Iowa, Appellee, v. Sherman Paul HOGREFE, Appellant.

Supreme Court of Iowa.

Rehearing Denied December 17, 1996.

Attorney(s) appearing for the Case

Richard O. McConville of Coppola, Sandre & McConville, P.C., Des Moines, for appellant.

Thomas J. Miller, Attorney General, Martha E. Boesen, Assistant Attorney General, and Paul L. Martin, County Attorney, for appellee.

Considered by HARRIS, P.J., and CARTER, LAVORATO, SNELL, and TERNUS, JJ.

LAVORATO, Justice.

Sherman Paul Hogrefe appeals from conviction and sentence for theft by deception. See Iowa Code §§ 714.1(3), 714.2(1), and 714.3 (1993). He raises several issues. Because one issue is dispositive of the case, we address it only. That issue is whether there was sufficient evidence to submit the marshalling instruction on theft by deception. Because we conclude there was not sufficient evidence to submit the instruction, we reverse...

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