STATE v. HOAG

No. 1 CA-CR 89-896.

165 Ariz. 215 (1990)

797 P.2d 1233

STATE of Arizona, Appellee, v. Clint Ray HOAG, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

August 28, 1990.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Jessica G. Funkhouser, Chief Counsel, Crim. Div., and Dennis Staffelbach, Asst. Atty. Gen., Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by Stephen R. Collins, Deputy Public Defender, Phoenix, for appellant.


OPINION

JACOBSON, Judge.

The sole issue in this appeal is whether mere unauthorized entry into a vehicle or other such trespassory conduct constitutes "control" over that vehicle sufficient to support a conviction for unlawful use of means of transportation in violation of A.R.S. § 13-1803. We hold that it does not, and thus we reverse.

Factual and Procedural Background

On April 26, 1989, defendant entered a 1971 Volkswagen van...

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