State v. Hershberger

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding thefts under sections 714.1(1) and (4) “are alternative means of committing the offense”
• noting thefts described under section 714.1(1) and (4) “are alternative means of committing the offense”
• finding possession and control of a stolen motorcycle are sufficient evidence to support a finding there was a taking
• finding section 714.1(1) does not require the State to show a defendant took property from the victim, only that he took possession and control over it
• “A person cannot commit theft by taking without also being in possession of 8 stolen property. But they represent different points of time within one crime.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Cited by

5 cases in this archive cite this case.

• Stephen Biggs v. State of Iowa
  Court of Appeals of Iowa· 2018-02-21
• State of Iowa v. Rodney L. Hanneman
  Court of Appeals of Iowa· 2018-08-01
• State of Iowa v. Ivie Thomas Popplewell III
  Court of Appeals of Iowa· 2019-10-09
• State of Iowa v. Jamison Albert Fisher
  Court of Appeals of Iowa· 2020-04-01
• State of Iowa v. Dillon Michael Heiller
  Supreme Court of Iowa· 2026-03-20

Cites

6 cases in this archive are cited by this case.

• State v. Mays
  Supreme Court of Iowa· 1973-02-21· cited 44×
• State v. Milliken
  Supreme Court of Iowa· 1973-02-21· cited 31×
• State v. Bone
  Supreme Court of Iowa· 1988-10-17· cited 17×
• State v. Williams
  Supreme Court of Iowa· 1983-01-19· cited 9×
• State v. Conger
  Court of Appeals of Iowa· 1988-10-20· cited 8×
• State v. Caldwell
  Court of Appeals of Iowa· 1988-03-23· cited 2×