State v. Hogrefe

LAVORATO, Justice.

Sherman Paul Hogrefe appeals from conviction and sentence for theft by deception. See Iowa Code §§ 714.1(3), 714.2(1), and 714.3 (1993). He raises several issues. Because one issue is dispositive of the case, we address it only. That issue is whether there was sufficient evidence to submit the mar-shalling instruction on theft by deception. Because we conclude there was not sufficient evidence to submit the instruction, we reverse and remand for a new trial.

I. Background Facts and Proceedings.

Hogrefe is a 1986 graduate of South Dakota State where he majored in agribusiness.…