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State v. Hanneman

Court of Appeals of Iowa

August 1, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
RODNEY L. HANNEMAN, Defendant-Appellant.

          Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.

         Rodney Hanneman appeals from his conviction, sentence, and judgment for theft in the second degree following jury trial.

          Mark C. Smith, State Appellate Defender, and Martha J. Lucey, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Martha E. Trout, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., and Vogel and Tabor, JJ.

          DANILSON, CHIEF JUDGE.

         Rodney Hanneman appeals from a conviction, sentence, and judgment for theft in the second degree following jury trial. On appeal, Hanneman asserts the district court erred in denying his motion for judgment of acquittal because the evidence was insufficient to establish he actually took the motorcycle. Because we find substantial evidence supports the jury verdict, we affirm.

         I. Background Facts and Proceedings.

         On February 17, 2017, Cody Pratt reported his 2008 Yamaha WR250X motorcycle stolen. Pratt last saw the motorcycle on the porch behind his house on February 14. Later in the evening of February 17, Davenport police observed a motorcycle being driven without license plates or turn signals. A traffic stop was initiated, and Rodney Hanneman was identified as the driver of the motorcycle. Hanneman could not provide a driver's license or valid license, registration, or proof of insurance for the motorcycle. Twelve of the seventeen vehicle identification numbers (VIN) for the motorcycle were also scratched off. The motorcycle was impounded until the owner could provide proof of ownership and insurance.

         Several days later, police discovered the remaining five VIN for the impounded motorcycle matched the last five VIN of the motorcycle Pratt reported stolen. After meeting police at the vehicle impound, Pratt identified the impounded motorcycle as his. The motorcycle had been painted; the ignition key had been changed to a switch; and someone had removed from the motorcycle a bracket holding the rear turn signals and license plates, the foot pegs, the front turn signals, and identifying stickers.

         On March 20, the State charged Hanneman with theft in the second degree, in violation of Iowa Code section 714.2(2) (2017). On May 17, the State was granted leave to amend the trial information to specify "theft in the second degree by taking property belonging to Cody Pratt" and include a habitual-offender sentencing enhancement.

         At trial, Pratt testified about the disappearance of his motorcycle. He stated he did not know Hanneman and did not give Hanneman permission to possess his motorcycle.

         Hanneman's girlfriend, Kira Pauly, testified for the defense that Hanneman obtained a Yamaha motorcycle before they took a February 4 trip. Pauly provided photos of "Rodney's bike" dated February 7. Pauly stated Hanneman was driving that same motorcycle when he was arrested on February 17. On cross- examination, Pauly acknowledged Hanneman did not have a title for the motorcycle and she did not go to police to inform them the motorcycle was Hanneman's.

         Hanneman filed a motion for judgment of acquittal alleging the State had not proved theft in the second degree beyond a reasonable doubt. The district court overruled the motion. The jury found Hanneman guilty, and the district court sentenced ...


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