Overstreet v. Commonwealth

Carlton Alford Overstreet (Overstreet) appeals from his conviction pursuant to Code 18.2-102 for the unauthorized use of a motor vehicle. Overstreet contends that, as he originally had consensual possession of the vehicle, his retention of the vehicle beyond the time agreed to by its owner amounted to a simple conversion rather than a trespassory taking. Whether Code 18.2-102 is applicable where the defendants possession or use of a motor vehicle was initially authorized by the owner, but possession or use of it thereafter extended beyond the scope of the owners consent, is an issue of first impression in this Commonwealth. Instructed by similar cases in other jurisdictions and by prior construction of the statute by the courts of this Commonwealth, we find that Code 18.2-102 applies to the circumstances of this case, and, accordingly, we affirm Overstreets conviction.