State v. Gates

306 N.W.2d 720
CourtSupreme Court of Iowa
DecidedJune 30, 1981
Docket64010
StatusPublished
Cited by24 cases

This text of 306 N.W.2d 720 (State v. Gates) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Gates, 306 N.W.2d 720 (iowa 1981).

Opinions

ALLBEE, Justice.

Defendant David Webster Gates appeals his conviction of theft in the second degree. He raises two questions: (1) whether trial court erred in instructing the jury with respect to the presumption of misappropriation created by subsection 714.1(2), Supplement to the Code 1977; and (2) whether he was effectively denied an opportunity for pretrial discovery. We consider each of these issues in turn, and affirm trial court.

I. The instruction.

Defendant was charged by trial information with theft in the second degree, in violation of sections 714.1(2) and 714.2(2), Supplement to the Code 1977. The charges stemmed from defendant’s failure to return by the date required in his lease two U-Haul trailers rented in Waterloo. One of the trailers was located in defendant’s possession in Colorado nearly a month later; the other was retrieved in Stuart, Iowa. Thus, neither trailer was returned within seventy-two hours after the time specified for return in the rental agreement.

The gravamen of defendant’s assertion of error concerns instruction twelve, which was predicated on subsection 714.1(2). The latter provides in pertinent part:

A person commits theft when the person does any of the following:
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2. Misappropriates property which the person has in trust, or property of another which the person has in his or her possession or control, whether such possession or control is lawful or unlawful, by using or disposing of it in a manner which is inconsistent with or a denial of the trust or of the owner’s rights in such property, or conceals found property, or appropriates such property to his or her own use, when the owner of such property is known to him or her. Failure by a bailee or lessee of personal property to [723]*723return the property within seventy-two hours after a time specified in a written agreement of lease or bailment shall be evidence of misappropriation.

(Emphasis added.)

Instruction twelve informed the jury as follows:

The law provides that failure by a bailee or lessee of personal property to return the property within seventy-two (72) hours after a time specified in a written agreement of lease or bailment shall be evidence of misappropriation.
The failure to return the property is not conclusive evidence, but it may be considered by you in connection with all other evidence in determining whether the State has proved beyond a reasonable doubt the defendant is guilty of Theft.

In essence, defendant contends subsection 714.1(2), as implemented by this instruction, creates a mandatory presumption which im-permissibly shifted to defendant the burden of persuasion on this element of the crime charged, thus violating the due process clauses of the United States and Iowa constitutions.1

We note initially that neither party has addressed the question of defendant’s standing to assert this constitutional challenge. Although not raised by the litigants, this issue is nonethelesss present, as it inheres in every case in which the constitutionality of a statute is attacked. See State v. Price, 237 N.W.2d 813, 816 (Iowa), appeal dismissed, 426 U.S. 916, 96 S.Ct. 2619, 49 L.Ed.2d 370 (1976). Ordinarily, where there is no constitutional defect in the application of a statute to a litigant, he has no standing to contend that it may conceivably be applied unconstitutionally to others in hypothetical situations. County Court of Ulster County v. Allen, 442 U.S. 140, 154-55, 99 S.Ct. 2213, 2223, 60 L.Ed.2d 777, 790 (1979); Price, 237 N.W.2d at 816. Because defendant challenges the constitutionality of subsection 714.1(2) only as ap[724]*724plied to him, and because the statute impacts adversely on his rights, defendant has the requisite standing in this case. See id.; State v. Pierce, 287 N.W.2d 570, 573 (Iowa 1980).

Much has been written recently concerning the use of presumptions in criminal trials. E.g., Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979); Allen, 442 U.S. 140, 99 S.Ct. 2213, 60 L.Ed.2d 777; State v. Rinehart, 283 N.W.2d 319 (Iowa 1979), cert. denied, 444 U.S. 1088, 100 S.Ct. 1049, 62 L.Ed.2d 775 (1980). The validity of these evidentiary devices is dependent upon the satisfaction of a two-test inquiry. At the threshold, the characterization of the presumption must be determined. See Sandstrom, 442 U.S. at 514, 99 S.Ct. 2454, 61 L.Ed.2d at 45; Rinehart, 283 N.W.2d at 322; State v. Hansen, 203 N.W.2d 216, 218 (Iowa 1972). The focus then centers upon the rationality of the relationship between the elemental fact to be presumed and the fact proved. Allen, 442 U.S. at 165, 99 S.Ct. at 2228, 60 L.Ed.2d at 797; Rinehart, 283 N.W.2d at 323; Hansen, 203 N.W.2d at 218.

Our first inquiry concerns the nature of the evidentiary device, authorized by subsection 714.1(2), as employed in the instruction given by trial court. Rinehart, 283 N.W.2d at 322. This entails a determination of whether the device acts as a mandatory or permissive presumption. Because a mandatory presumption requires the jury to find the presumed fact upon proof of the basic fact, at least where the defendant has not adduced some evidence to rebut the presumed connection between the two facts, it “may affect not only the strength of the ‘no reasonable doubt’ burden but also the placement of the burden.” Id. (quoting Allen, 442 U.S. at 157, 99 S.Ct. at 2224, 60 L.Ed.2d at 792). As such, it may run afoul of constitutional guarantees. A permissive presumption, on the other hand, “leaves the trier of fact free to credit or reject the inference and does not shift the burden of proof.” It therefore “affects the application of the ‘beyond a reasonable doubt’ standard only if, under the facts of the case, there is no rational way the trier could make the connection permitted by the inference.” Id. at 321.

In characterizing the presumption utilized in the instant case, our focus is upon the wording and context of the instructions as presented to the jury. Id. at 322. Reading the instructions as a whole, see Hansen, 203 N.W.2d at 222, we are convinced the jury was fully apprised of its option to reject the application of the challenged presumption.

The challenged instruction itself clearly indicated the jury was not required to find the presumed fact upon proof of the basic fact. As noted previously, after reciting the language of section 714.1(2), the instruction stated: “The failure to return the property is not conclusive evidence, but it may be considered by you in connection with all other evidence in determining whether the State has proved beyond a reasonable doubt

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Bluebook (online)
306 N.W.2d 720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gates-iowa-1981.