The Iowa Court of Appeals has thrown out oone of the convictions stemming from the Iowa Film Office Scandal of several years ago.

Donald Brouse of Nebraska was convicted of first degree fraudulent practices in connection with tax credits obtained from the Iowa Film Office for his company Changing Horses and his program called Saddle Up.

He appealed claiming insufficient evidence, irrelevant testimony and improper jury instructions.

The appealate court reversed the conviction noting it could not support the idea that Brouse engaged in joint crimminal conduct and the jury instruction was too confusing for jurors to understand.

But Judge Anuradha Vaitheswaran dissented from the decision. She says Brouse never contested the jury instruction in question and therefore it wasn't before the appeals court to decide.

The case heads back to Polk County District Court if the prosecutors decide to retry it.