The conviction of a Muscatine man found guilty in the death of a woman and her unborn child was overturned Wednesday by the Iowa Court of Appeals because the state did not prove it had jurisdiction to prosecute the case, documents say.

The court ordered the case dismissed. However, state officials indicated they will ask the Iowa Supreme Court to review the reversal.

Meanwhile, Victor Serrato will remain in custody. He was found guilty of the murder of Miriam Carmona.

“Many suggestions can be spun from evidence presented at trial, but none of the evidence, including the plastic bag (found near Carmona’s body), establishes Carmona’s murder happened in Iowa,” the court wrote. “Consequently, we must conclude as a matter of law that the state failed to present sufficient evidence to invoke the state’s territorial jurisdiction.”

Muscatine County Attorney Gary Allison said he was disappointed with the decision. His office has contacted the Rock Island County State’s Attorney regarding the ruling and hopes for review by the Iowa Supreme Court.

“If necessary, we and the Muscatine Police Department will provide our full support to a murder prosecution of Victor Serrato in the State of Illinois,” Allison said.

According to court documents, Carmona and Serrato’s pregnant girlfriend, Angelica Chavez, fought at the Escorpion Bar in Muscatine in the early morning hours of Oct. 22, 2006. After a conversation with Chavez, Serrato went to the bar to find Carmona, who said she was pregnant with Serrato’s child.

The two fought outside the bar. Friends witnessed the fight. They left briefly. When they returned Serrato and Carmona were not there.

Carmona’s body was found in a ditch in Rock Island County, not far from the Norbert F. Beckey bridge. She was strangled, and her unborn child died as a result. Blood found inside of a bag found near Carmona’s body matched DNA profiles of Carmona and Serrato. Officials also determined Serrato was not the father of Carmona’s child.

Serrato’s attorney, Murray Bell, moved to dismiss the case, saying the state did not establish jurisdiction. The motion was denied by Judge Mark Smith, finding there was sufficient evidence to indicate the malice aforethought and/or premeditation by Serrato was formed at the time of his altercation with Carmona at the bar.

Serrato was sentenced to life in prison.

In cases that straddle jurisdictions there is no double jeopardy issue, meaning that although Serrato was convicted in Iowa he can still be tried in Illinois if it’s determined the crime happened there.

Sherri Soich, the assistant attorney general who argued the case before the appeals court, said it would be up to Illinois authorities whether to prosecute Serrato if the appeals court decision is upheld.