STATE v. TOVAR

No. 96-2104.

580 N.W.2d 768 (1998)

STATE of Iowa, Appellee, v. Daniel TOVAR, Jr., Appellant.

Supreme Court of Iowa.

July 1, 1998.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, Tricia A. Johnston, Assistant State Appellate Defender, and Ursula Koenig, Student Legal Intern, for appellant.

Thomas J. Miller, Attorney General, Martha E. Boesen, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Linda Hall, Assistant County Attorney, for appellee.

Considered by McGIVERIN, C.J., and LARSON, LAVORATO, ANDREASEN, and TERNUS, JJ.


LARSON, Justice.

Daniel Tovar, Jr. was convicted of two counts of theft by deception as defined by Iowa Code section 714.1(3) (1995), arising out of two transactions in his carpeting and wall covering business. We conclude that the evidence was insufficient to support the conviction and therefore vacate the court of appeals decision, reverse the judgment of the district court, and remand for dismissal of the charges.

I. The Facts.

Two...

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