State v. Sylvester

I.Introduction.

The State appeals the district court’s dismissal of charges against Kimberly Sylvester for second-degree theft. Iowa Code §§ 714.-1(2), .2(2) (1991). After being charged, Sylvester filed a motion to adjudicate law points and a motion to dismiss, arguing that a partner cannot be found guilty of embezzling partnership assets. The district court agreed and, finding the issue dispositive of the charges, dismissed the State’s case. The State appeals pursuant to Iowa Code section 814.5(l)(a). The issue on appeal is whether a partner can be found guilty of embezzling partnership…