State v. Donaldson

663 N.W. 2d 882 · Supreme Court of Iowa · 2003

Facts

At 1:50 a.m., a police officer observed a van with its sliding door partially open in a parking lot. As the officer approached, the van's brake lights flashed, and two men, one identified as Dean Lester Donaldson, fled the scene. Upon inspecting the van, the officer found the steering column forcibly removed, wires protruding, the radio on, and the "check engine" light illuminated. Donaldson had entered the van, which belonged to Combined Pool & Spa, without the owner's permission, and had engaged all of its electrical systems, short of starting the engine.

Procedural history

Donaldson was charged with second-degree theft. Prior to trial, he filed a motion to adjudicate law points, arguing the facts only supported attempted theft, which the district court denied. After a trial, Donaldson was convicted of second-degree theft, and the district court overruled his renewed motions for judgment of acquittal. Donaldson then appealed the conviction, challenging the sufficiency of the facts to support the theft charge.

Issue

Did Dean Lester Donaldson possess or control another's van, as required for a second-degree theft conviction, when he broke into it, dismantled the steering column, manipulated the ignition switch to turn on the radio and "check engine" light, and caused the brake lights to flash, without actually starting the engine?

Holding

Yes, the court affirmed the conviction, holding that Donaldson took possession or control of the van with the intent to steal, thereby completing the theft offense.

Rule

Under Iowa Code section 714.1(1), a person commits theft by taking possession or control of another's property with the intent to deprive the owner. This statute, modeled after the Model Penal Code, replaces the common law requirements of "caption" and "asportation," meaning physical movement of the object is not necessary. "Possession or control" is established when an actor secures dominion over the object or uses it in a manner beyond their authority, demonstrating the power and intention to exercise unfettered dominion and exclude others. Technical operation or starting the engine is not required; engaging electrical systems to set in motion the motive power is sufficient to show unauthorized control.

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