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State v. Hoag

Citations: 165 Ariz. 215; 797 P.2d 1233; 68 Ariz. Adv. Rep. 7; 1990 Ariz. App. LEXIS 286Docket: No. 1 CA-CR 89-896

Court: Court of Appeals of Arizona; August 28, 1990; Arizona; State Appellate Court

Narrative Opinion Summary

This case examines whether unauthorized entry into a vehicle constitutes 'control' necessary for a conviction of unlawful use of means of transportation under A.R.S. 13-1803. The defendant was arrested after entering a Volkswagen van and tampering with its radio. The central issue was whether his actions demonstrated control of the vehicle as required by the statute. The court clarified that A.R.S. 13-1803 requires evidence of intent to use the vehicle for transportation, distinguishing it from mere unauthorized entry. The court analyzed the legislative intent and historical context, concluding that 'control' under the statute does not encompass mere presence in a vehicle. Persuasive precedents from other jurisdictions support this interpretation, emphasizing the necessity of intent to operate the vehicle. As the defendant lacked intent to use the van for transportation, the court reversed his conviction and reinstated the original burglary charge. This ruling underscores the requirement of actual control linked to transportation under A.R.S. 13-1803, ensuring that unauthorized entry alone does not suffice for conviction.

Legal Issues Addressed

Historical Context and Legislative Intent

Application: The court analyzed the historical context of the statute to conclude that the legislature did not intend to broaden 'control' to mere presence in a vehicle.

Reasoning: The key inquiry is whether the legislature intended to redefine unauthorized vehicle use under the new statute 13-1803, shifting the focus from joyriding to mere presence in a vehicle as the basis for a violation.

Inference of Intent from Unauthorized Entry

Application: Unauthorized entry into a vehicle can infer intent to commit theft but not intent to control the vehicle for transportation.

Reasoning: Toolate clarifies that unauthorized entry does not equate to 'control'; it only supports an inference of intent to commit theft.

Intent to Use for Transportation

Application: The statute requires evidence of intent to use the vehicle as a means of transportation beyond mere unauthorized entry.

Reasoning: There must be evidence of intent to use the vehicle for transportation.

Persuasive Case Law from Other Jurisdictions

Application: Courts in other jurisdictions have ruled that mere unauthorized presence in a vehicle does not meet the standard for control or use.

Reasoning: In People v. Butler, the court ruled that the defendant's unauthorized presence in a vehicle, without any attempt to operate it or interfere with its mechanisms, did not constitute unauthorized use.

Unlawful Use of Means of Transportation under A.R.S. 13-1803

Application: The court determined that unauthorized entry into a vehicle does not constitute 'control' necessary for conviction under the statute.

Reasoning: Ultimately, the court found that unauthorized entry alone does not meet the threshold for control necessary for a conviction under A.R.S. 13-1803, leading to the reversal of the conviction.