¶1OPINION
¶2Defendant appeals his conviction of unlawfully taking a vehicle. Section 64-9-4, N.M.S.A.1953 (2nd Repl.Vol. 9, pt. 2). State v. Austin, 80 N.M. 748, 461 P.2d 230 (Ct.App.1969) held that “criminal intent” is an essential element of this offense. State v. Bachicha (Ct.App.), No. 912, 84 N.M. 397, 503 P.2d 1175 decided October 13, 1972, reviewed the instructions given in that case and held they did not cover the element of criminal intent.
¶3The instructions in this case also do not cover the issue of criminal intent. The State concedes this case cannot be distinguished from Bachicha, supra. Instead, the State attacks the reasoning expressed in Austin, and argues that Bachicha was wrongly decided and should be reversed. We approve the reasoning in Austin and the results in both Austin and Bachicha.
¶4The judgment and sentence is reversed because of the trial court’s failure to instruct on criminal intent. The cause is remanded with instructions to grant Lopez a new trial.
¶5It is so ordered.