State v. Donaldson

663 N.W.2d 882 (2003)

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Nature of the Case

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Facts

A police officer saw a van parked in front of Combined Pool & Spa with its sliding door partially open. The officer illuminated the van. As he walked towards the van, the brake lights flashed. Two men hot-footed across Highway 75. The officer gave chase but was unable to find them. The steering column in the van had been forcibly removed and there were wires protruding from it. The radio was on and the 'check engine' sign was lit on the console. Later, one of the men was found and identified as D. D was charged with one count of second-degree theft as a habitual offender. D asserted because he never possessed the van, he could not be convicted of theft; at most, the facts supported a charge of attempted theft. P asserted D took possession of the van when he hot-wired it. The district court denied D's motion. At trial, D argued that P failed to prove the elements of theft contending that 'starter must be engaged for there to be actual control over that vehicle.' D was convicted. Prior to sentencing Donaldson renewed his motion. The district court overruled the motion and sentenced D. D appealed.