State v. Houser

STATON, Judge.

The State appeals the decision of the trial court dismissing the two-count informa-tions for conspiracy to commit theft, a class D felony, 1 and aiding in a theft, a class D felony, 2 filed against Benjamin Houser and Franco Santarronama (hereinafter collectively referred to as “Defendants”). We are presented with the sole issue of whether the trial court erred in granting Defendants’ motions to dismiss.

We reverse and remand.

Both offenses with which Defendants were charged require that the elements of theft be present. The offense of theft, provided in IC 35-43-4-2(a), states as…