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STATE v. SCHMITZ

No. 98-1863.

610 N.W.2d 514 (2000)

STATE of Iowa, Appellant, v. Lynn SCHMITZ, Appellee.

Supreme Court of Iowa.

April 26, 2000.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Martha E. Boesen, Assistant Attorney General, Fred H. McCaw, County Attorney, and Tim Gallagher, Assistant County Attorney, for appellant.

Thomas P. Frerichs and Brandon Adams of Frerichs Law Office, P.C., Waterloo, for appellee.

Considered en banc.

TERNUS, Justice.

After the defendant, Lynn Schmitz, was convicted of one count of theft in the second degree, the district court dismissed the second and third theft charges filed against Schmitz, ruling that prosecution on these charges would violate the Double Jeopardy Clause. See U.S. Const. amend. V. The court concluded that the three charges, all based on the defendant's exercise of control over stolen property, constituted the same offense. See

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