State v. Iwan

KONENKAMP, Justice.

[¶ 1.] Defendant was convicted in Hutchinson County of grand theft by passing an insufficient funds check in Jackson County. His motion to dismiss for lack of proper venue was denied because the circuit court reasoned that the ultimate recipient of the check was in Hutchinson County. On appeal, we conclude that the acts constituting the offense occurred in Jackson County, and therefore, the case should have been dismissed for lack of proper venue.

Background

[¶ 2.] Mark Iwan owns and operates Belvidere Store in Belvidere, Jackson County, South Dakota. Based in Hutchinson…