Elmer Bennett   1-9   SCrt – CJ Shepard
(Commissioner Scott Devries, Marion Superior Criminal 15 affd)

Pay attention, neither theft nor auto theft statute requires the State to prove the defendant intended to deprive the owner of his property permanently. 
      
In Coff v. State, 483 N.E.2d 39 (Ind. 1985) we (SCrt) rejected the notion that Indiana’s theft statute contains the common law larceny element requiring intent to permanently deprive.

Bennett appealed his convictions for theft and auto theft both D felonies, challenging the sufficiency of the evidence and arguing the theft statute requires proof that the offender intended to deprive the owner permanently of the value or use of his property.  The court of Appeals affirmed finding sufficiency 871 N.E.2d 316 (ia 2007), and got it absolutely right.  There is no element of intent to permanently deprive.