State v. SchoenrockAnnotate this Case
The Supreme Court affirmed Appellant’s conviction for two counts of theft by false representation, holding that, even assuming that the trial court’s omission of the phrase “with intent to defraud” from the jury instructions on the elements of theft by false representation was error, the error was harmless. Appellant's convictions were based on her acts of submitting timesheets and receiving payments for personal care assistant services that she did not perform. The court of appeals affirmed the convictions, concluding that, when viewed as a whole, the district court’s jury instructions fairly and adequately explained the law. The Supreme Court agreed, holding that any alleged error in the jury instructions was harmless beyond a reasonable doubt.