STATE v. McVEY

No. 84-479.

376 N.W.2d 585 (1985)

STATE of Iowa, Appellee, v. Donald Lee McVEY, Appellant.

Supreme Court of Iowa.

November 13, 1985.


Attorney(s) appearing for the Case

Charles L. Harrington, Appellate Defender, and John P. Messina, Asst. Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Rebecca L. Claypool, Asst. Atty. Gen., and James A. Smith, Co. Atty., for appellee.

Considered en banc.


McCORMICK, Justice.

We granted further review of a court of appeals decision in order to determine whether the defense of diminished responsibility is available to a person charged with theft based on exercising control over stolen property in violation of Iowa Code section 714.1(4) (1983). We hold that the defense is unavailable. Because the court of appeals and district court reached the same conclusion in affirming defendant's conviction, we affirm the decision...

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