[DOWNLOAD] "State v. Simion" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State v. Simion
- Author : Supreme Court of Montana
- Release Date : January 13, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Appellant C. Dennis Simion was charged with felony theft by swindle in violation of Minn. Stat. § 609.52, subd. 2(4) (2006), felony damage to property in violation of Minn. Stat. § 609.595, subd. 1(3) (2006), and felony theft from a person with a superior right of possession in violation of Minn. Stat. § 609.52, subd. 2(2) (2004). Following a jury trial, Simion was found guilty of misdemeanor criminal damage to property and felony theft from a person with a superior right of possession, and not guilty of theft by swindle. Simion thereafter moved the district court for judgment of acquittal and a new trial, claiming that the district court lacked jurisdiction and that the State failed to prove the elements of the charged crimes. The district court denied both motions, convicted Simion of misdemeanor criminal damage to property and felony theft, and ordered that Simion pay restitution in the amount of $1,509.23. The court of appeals affirmed the convictions, but reversed and remanded on the restitution issue. State v. Simion, No. A06-83, 2007 WL 1412764 (Minn. App. May 15, 2007). Because we conclude that the district court had jurisdiction over the theft charge, but not over the criminal damage to property charge, we affirm in part, reverse in part and remand.