State v. Donaldson
Supreme Court of Iowa
663 N.W.2d 882 (2003)
Around 2 a.m., Donaldson (defendant) broke into a company van, dismantled the steering column, and manipulated the ignition in an attempt to hot-wire it, engaging the radio, dashboard, and brake lights in the process, but he fled on foot when a police officer approached before he could actually start the engine. The State (plaintiff) charged him with second-degree theft, and at trial an officer testified that all that remained for Donaldson to drive the van away was connecting the correct ignition wires. The jury convicted him, and he appealed, arguing the evidence did not show he ever possessed or controlled the van.
Whether theft of a vehicle requires that the defendant have possession or control over the vehicle, without requiring that the vehicle actually be moved or its engine started.