State v. Griest

OPINION

KLEINSCHMIDT, Judge.

¶ 1 The only issue in this case is whether unlawful use of a means of transportation is a lesser included offense of theft by conversion. We hold that it is.

¶ 2 The case arose as follows. The victim, Virgil Trammel, testified that the Defendant, whom he had known for about nine months, had been staying at his house for about a week. The Defendant talked about needing transportation to see his children, who were either leaving for Pennsylvania or already there. On one occasion the Defendant said to Trammel that he “guessed he was going to have to steal one of his…