from the Iowa District Court for Scott County, Marlita A.
Hanneman appeals from his conviction, sentence, and judgment
for theft in the second degree following jury trial.
C. Smith, State Appellate Defender, and Martha J. Lucey,
Assistant Appellate Defender, for appellant.
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.
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.
Background Facts and Proceedings.
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.
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
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.
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.
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.
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 ...