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Mead v. State

Defendant's indictment for knowingly secreting a motor vehicle with the intent to defraud a financing corporation did not allege facts necessary to establish endangering a security interest as a lesser included offense.

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Following a jury trial, William Larry Mead appeals his conviction for secreting property to defraud another. Mead contends both that the offense of endangering a security interest is, based on the facts of this case, a lesser included offense of secreting property to defraud another, and that the trial court erred by denying his written request to charge the jury on endangering a security interest. Because we find, contrary to Mead’s arguments, that endangering a security interest is not a lesser included offense of secreting property to defraud another in this case, we affirm.

Construed in the light most favorable to the verdict, the record shows that, Mead, using an alias, purchased a car from Auto Smith and financed it through Auto Acceptance Corporation. Although Mead lied on several parts of his credit application, his loan application was still accepted. Thereafter, Mead failed to make the required payments on his car loan, and Auto Acceptance attempted to repossess the car. The repossessor went to Mead’s home, and Mead answered the door. Mead told the repossessor, who did not know him, that she had the wrong person and address. The repossessor then looked at a picture of Mead’s driver’s license in her file, realized that Mead had lied to her, and returned to confront him about the car. Mead responded, “you’re not getting the car . . . and nobody else is either.” Then, as the repossessor was leaving, Mead opened his garage, got in the car being sought, and sped away. The car was never recovered.

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