State v. Morris
Supreme Court of Iowa
677 N.W.2d 787 (2004)
Relevant factsFree
William Morris (defendant) found a running vehicle warming up in Brian Gonzales's driveway and drove off without consent; police tracked him down, he abandoned the car and fled on foot, and was soon arrested. Morris was convicted of second-degree theft as a habitual offender, over the lesser-included charge of operating a vehicle without consent, but the court of appeals reversed the theft conviction, finding no evidence he intended to permanently deprive Gonzales of the car. The State appealed.
IssueFree
Whether, under state law, taking a vehicle without the owner's consent gives rise to an inference that the defendant intended to permanently deprive the owner of possession of the vehicle.