# Brainard v. State

> Supreme Court of Iowa · October 16, 1974 · 222 N.W.2d 711

URL: https://www.frixlaw.com/law-library/cases/9861645

## Case

- **Full name:** Gordon A. BRAINARD, Appellant, v. STATE of Iowa and Lou v. Brewer, Appellees
- **Court:** Supreme Court of Iowa
- **Decided:** October 16, 1974
- **Citations:** 222 N.W.2d 711; 1974 Iowa Sup. LEXIS 1128
- **Precedential status:** Published
- **Opinion:** Concurrence by Reynoldson
- **Judges:** Harris, LeGRAND, Mason, McCORMICK, Moore, Rawlings, Rees, Reynoldson, Uhlenhopp
- **Cited by:** 80 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9861645

## How later opinions describe it (automated extraction)

- noting the criteria are “a recommendation and not a mandate” and will hopefully “assist trial judges in conducting guilty plea proceedings”
- finding defendant had no intent to permanently deprive owner of vehicle when he “neither intended to sell it nor to bring it back”

## Opinion text

REYNOLDSON, Justice
(concurring specially).
I concur in the majority opinion except that portion of division IV — B indicating defendant’s statements raised a question whether he had the requisite intent for a charge of larceny of a motor vehicle. Defendant’s responses, in my opinion, were sufficient to show he had that intent. Nor do I concede, as the opinion intimates, that the crime of operating a motor vehicle without the owner’s consent is a lesser included offense in the crime of larceny of a motor vehicle.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9861645. Public record. Not legal advice.