People v. Sanders

Defendant was convicted in a non-jury trial in Kent County of taking possession and *581driving away a motor vehicle.1 He appeals from his three- to five-year sentence.

The fact of possession without authority is not disputed. Police officers testified that they stopped defendant for erratic driving intending to charge him with reckless or careless driving. Through police radio communication, they learned the automobile was stolen. In the opinion of the officers, defendant acted normally and was not intoxicated. The defense was intoxication and inability to form a willful intent to take the…