Say what you Mean... Mean what you say...

On July first the Kansas Court of Appeals held that the terms “obtains” and “exerts control over” in the theft statute did not create an alternative means that requires the state to prove both means.  State v. Rollins, 46 Kan. App. 2d 17, 20, 257 P.3d 839, 843 (2011). Defendant Rollins, a Wall Ties employee, stole “skids” of aluminum forms on the evening of July 31, 2008.  His actions were caught by nighttime videos.  Id.  at 19. 

During trial, Rollins argued that the state had failed to prove both means of the crime of theft, pursuant to the statute.  Id.  at 20.   Looking to the plain meaning of the statute, the court concluded that there is “no quantifiable difference between the actions that constitute obtaining or exerting; these words create a distinction without a difference.  One must necessarily obtain property one has exerted control over, and one must necessarily exert control over property one has obtained.” 

If you have questions or concerns regarding a theft charge, contact Lindsey and Dionne atwww.ericksonscherff.com for counsel and assessment of your claims.