State v. Saylor case brief

State v. Saylor case brief summary
618 P.2d 1166 (1980)

CASE SYNOPSIS

The Court of Appeals (Kansas) reversed and remanded a judgment of the district court that upheld defendant's conviction for theft by deception in violation of Kan. Stat. Ann. § 21-3701(b) (Supp. 1979). The State petitioned for review.

CASE FACTS
At a department store, defendant apparently unwrapped and resealed a cardboard box containing a plastic pig toy chest. An unaware cashier later processed defendant's purchase of a quart of oil and a plastic pig toy chest. Defendant was arrested outside the store. There the toy chest was opened and found to contain several chain saws, metal rules, cigarettes, heavy duty staple guns, and record albums, with a total value in excess of $ 500. Defendant was charged with and convicted of theft by deception under § 21-3701(b). The court of appeals reversed and remanded defendant's conviction for a new trial on the lesser-included offense of attempt to commit theft by deception. The State sought further review.

DISCUSSION

• The court reversed, holding that the evidence established a completed theft by deception because the act of deception and false representation did not actually occur until defendant deceived the cashier into believing that the box only contained a plastic pig toy chest. 
• There was sufficient proof of defendant's specific criminal intent because he actually failed to make proper payment for the property at the cashier's desk and he left the store with the same remaining concealed.

CONCLUSION
The court reversed the judgment of the court of appeals, which reversed and remanded a judgment of the district court upholding the conviction of the defendant for theft by deception. In other words, the district court's judgment was affirmed and defendant's conviction was thereby upheld.

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