State v. Hoag

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 owned by George Cooper through an unlocked passenger door. A security guard observed defendant pulling at a CB radio mounted under the dashboard.

Defendant was arrested and…