State v. Kramer

OPINION

FOLEY, Judge.

This appeal is from convictions for theft and theft by swindle arising out of the marketing of Jerusalem artichokes by American Energy Farming Systems (AEFS). We affirm in part and reverse in part, vacating the conviction for theft.

FACTS

Appellant Lowell Dale Kramer was hired in January 1982 by AEFS as a business consultant on the Jerusalem artichoke sales operation. AEFS, which was owned by James Dwire and Fred Hendrickson, had only begun sales the previous fall of seed contracts to “third year growers.” Under the agreement, the farmer received artichoke seed in exchange…