State v. Mann

NEUMAN, Justice.

The State charged defendant Lisa Mann with two counts of criminal mischief following allegations that she substantially damaged two residential properties which she leased as a tenant. Prior to trial Mann moved for an adjudication of law points, urging the court to determine as a matter of law that a lessee cannot be convicted of criminal mischief for damaging property subject to a lease. The district court ruled in Mann’s favor. It reasoned that a lease “split” the ownership of the property between landlord and tenant and, given the civil remedies for damages available to the…