State v. Ebert

**395 As part of a plea agreement with Arthur D. Ebert, the State dismissed a charge of theft by unlawful taking. Ebert subsequently filed a motion for return of the property seized from him and originally alleged to be stolen. After conducting an evidentiary hearing, the district court ordered some items of property returned to Ebert and others were returned to his former employer. Ebert appeals. Because *480 the burden of proof was not properly applied, we reverse, and remand for further proceedings.

FACTS

In December 2016, an information was filed in the district court for Stanton County…