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Judge: Laura H. Lewis
Court: District Court, Ford County, Kansas appealed to the Supreme Court of Kansas
Plaintiff's Attorney: Ford County Kansas District Attorney
Description: Dodge City, Kansas criminal defense lawyer represented the Defendant charged with felony theft and a violation of the Kansas Retailer’s Sales Tax Act after she refused to remit nearly $50,000 in sales taxes she collected.
After Maria Acadia Ruiz failed to remit almost $50,000 in sales taxes
she collected while operating her business, the State charged her with one count each of
felony theft and violation of the Kansas Retailers' Sales Tax Act. On Ruiz' motion after
preliminary hearing, the district court dismissed the felony theft charge as multiplicitous.
A panel of the Court of Appeals reversed that decision, holding that the two charges were
not multiplicitous and that the State presented sufficient evidence to bind Ruiz over on
the felony theft charge.
Outcome: Dismissed, reversed by the Court of Appeals, dismissal reinstated by the Supreme Court