State v. Henninger

LANSING, Chief Judge.

This is an appeal from a judgment of conviction for the theft of a pickup from a vehicle dealership. The defendant had been allowed to take the pickup from the dealership after he signed an installment sale contract to purchase the vehicle and a $5,000 short-term promissory note for the “down payment.” When the defendant neither paid the promissory note nor. returned the vehicle, he was charged with grand theft by unauthorized control, I.C. § 18-2403(3), and he was found guilty following a jury trial. We hold that the evidence is insufficient to sustain the finding of…