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Judges reverse theft conviction

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The Indiana Court of Appeals reversed a defendant's conviction of theft because the trial court failed to instruct the jury on conversion as a lesser-included offense of theft.

In Roger L. Morris v. State of Indiana, No. 02A03-0905-CR-210, the trial judge declined Roger Morris' request for an instruction on conversion partly because of a Court of Appeals case in which the appellate court found theft and conversion offenses to appear to be one and the same from a practical standpoint, but that there was a difference in the mens rea required. Morris was convicted of Class D felony theft and found to be a habitual offender.

The appellate court in the instant case found Morris' case illustrated the "elusive difference" between theft and conversion as laid out by the legislature. Department store security saw Morris stuffing merchandise into a black bag. He was recognized because he had previously shoplifted from the store. When approached by security, he dropped the bag and ran out of the store. He was caught by the employees and only had a small knife and a toothbrush on him.

It's clear Morris exerted unauthorized control over the store's items because he tried to hide the fact he was putting them in the bag and had no way to pay for them, which would support a conversion conviction. But the evidence disputes whether Morris intended to deprive the store of the use and value of the clothing for any period of time, which is needed to convict him of theft, wrote Judge Terry Crone.

In light of Morris' seemingly reckless actions and the fact he only had the toothbrush and small knife on him, a reasonable jury may find him guilty of conversion instead of theft.

Even viewing theft and conversion as one and the same crime, the law supports giving the lesser included offense instruction, the judge continued. If the two crimes can be proven by identical elements, but carry different sentencing ranges, then prosecutors would be likely to pursue the Class D felony charge to get the longer sentence for a theft conviction. 

"In sum, if criminal conversion as a class A misdemeanor and theft as a class D felony are indeed two different crimes as outlined by our legislature, then the trial court abused its discretion by failing to instruct the jury as to the lesser-included offense of conversion," wrote Judge Crone. "If the elements of conversion and theft have no practical difference, then the rule of lenity and/or the proportionality clause of the U.S. Constitution would entitle Morris to have the jury instructed on both crimes."

Judge Nancy Vaidik concurred in result. The judges remanded the case for retrial.

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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