State v. Ogle

OXBERGER, Chief Judge.

Defendant appeals from his conviction and sentence for exercising control over stolen property, in violation of Iowa Code section 714.1(4)(1982), asserting jury Instruction No. 15, which informed the jury that they should presume knowledge from the fact of possession of a stolen vehicle, violated his right to due process. We reverse and remand for a new trial.

I

The defendant obtained the truck in New Mexico from a man who owed defendant money. While in New Mexico, defendant applied for a title but did not receive one. Before returning to Iowa, defendant took the license…