This section contains the nature of the case and procedural background.

Cook (D) misrepresented his intention to buy a car to a car dealer. D traded in an old car for a Mercury. D secured the dealer's consent to take the Mercury and drove off. D was charged with grand theft auto and joyriding. D was acquitted of grand theft auto but found guilty of joyriding. The joyriding statute states, 'any person who drives or takes a vehicle not his own, without the consent of the owner thereof . . . is guilty of a felony.' D appealed.

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