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

D spent the evening of May 17, 1997 drinking so much, so he had no recollection of leaving a bar or of what happened after he left. Witnesses have established that D departed the bar and then drove a pickup owned by Dale Kimm, a man D did not know. Schminkey did not have Kimm's permission to drive the pickup. P was without doubt driving drunk and at an excessive speed. D went through an intersection without slowing down and struck two vehicles, that were stopped at the intersection stop sign. Nineteen-year-old Jason Kray died en route to the hospital. D accelerated away from the accident and crashed into a fence a block away. D smelled strongly of alcohol. A urine test showed his blood-alcohol level to be .189, significantly over the legal limit of .10. D was charged with homicide by vehicle, involuntary manslaughter, and theft of a motor vehicle. D claimed he was unable to recall the events of the evening due to his intoxication. D entered an Alford plea to the theft and homicide charges. P dismissed the manslaughter charge as part of the plea deal. D was sentenced to consecutive ten-year and five-year terms. D appealed claiming his counsel rendered ineffective assistance. D, in part, contends there was no a factual basis for a finding that he intended to permanently deprive the owner of his vehicle. The court of appeals affirmed. D appealed.

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