State v. Schmitz

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 Iowa Code §§ 714.1(4), .2(2) (1995). Under the facts of this case, we disagree. Accordingly, we reverse and remand for trial on the remaining…