State of Iowa
v.
Sarah Rae Berg
Sarah Rae Berg seeks further review of the court of appeals decision affirming her conviction for unauthorized use of a credit card. The State first charged her with fourth-degree theft but never filed a trial information for that offense. After Berg filed a motion to dismiss based upon a violation of the speedy indictment rule, the State charged her with unauthorized use of a credit card. Berg argued that fourth-degree theft and unauthorized use of a credit card are the same offense. The court of appeals determined that fourth-degree theft and unauthorized use of a credit card are different offenses; therefore, the district court properly denied her motion to dismiss.
Resister
State of Iowa
Applicant
Sarah Rae Berg
Attorney for the Resister
Joseph D. Ferrentino
Attorney for the Applicant
Jessica Maffitt
Supreme Court
Oral Argument Schedule
15-15-5
Sep 11, 2024 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, William Patrick Wegman, District Associate Judge. AFFIRMED. Considered by Tabor, P.J., and Badding and Chicchelly, JJ. Opinion by Chicchelly, J. (6 pages)
Sarah Rae Berg appeals her conviction for unauthorized use of a credit card, challenging the denial of her motion to dismiss and the sufficiency of the evidence. OPINION HOLDS: Upon our review, we affirm Berg’s conviction because there was no violation of the speedy-indictment right and there is sufficient supporting evidence.