Kansas Supreme Court dismisses woman’s felony theft charge

TOPEKA, Kan. (WIBW) - The felony charge of theft that had been under question in the case of a Ford Co. woman has officially been dismissed by the Kansas Supreme Court.

The Kansas Supreme Court says in the matter of Appeal No. 123,260: State of Kansas v. Maria Acadia Ruiz, it has reversed a decision from a Court of Appeals panel that had reversed a ruling from the Ford Co. District Court to dismiss the felony theft charges.

Originally, court records indicate the state had charged Ruiz 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.

The district court had dismissed the felony charge on multiplicity grounds, which the Court of Appeals rejected.

While the Supreme Court said it agreed the charges were not multiplicitous, it did find that the State was not an owner of the collected, unremitted sales taxes for the purposes of the theft statute.

The Court noted that it affirmed the district court’s dismissal of Ruiz’s felony theft charge on different grounds.