STATE v. KLUGE

No. 02-0664.

672 N.W.2d 506 (2003)

STATE of Iowa, Appellee, v. Michael James KLUGE, Appellant.

Court of Appeals of Iowa.

October 29, 2003.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Tricia A. Johnston, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, Thomas S. Mullin, County Attorney, and Terry C. Ganzel, Assistant County Attorney, for appellee.

Heard by VOGEL, P.J., and MAHAN and ZIMMER, JJ.


VOGEL, P.J.

Michael Kluge appeals his conviction, following a jury trial, for second-degree theft as a habitual offender, in violation of Iowa Code sections 714.1(2), 714.2(2) and 902.8 (2001), contending the court erred in instructing the jury it could include sales tax as part of the value of the stolen property. We hold, under these facts, that sales tax should not have been considered as part of the "value" of the stolen item. Because it is possible the jury included...

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