Criminal Practice – Possession of Stolen Goods – Unauthorized Use of a Motor Vehicle – Not Lesser Included OffenseState v. Nickerson An essential element of the offense of unauthorized use of a motor vehicle is that the property at issue be a “motor-propelled conveyance.” In order to prove possession of stolen goods, the state need not prove that defendant had a “motor-propelled conveyance”; rather the state need only prove that the property in defendant’s possession is any type of personal property. As such, unauthorized use of a motor vehicle has an essential element not found in the definition of possession of stolen goods. Therefore, unauthorized use of a motor vehicle is not a lesser included offense of possession of stolen goods.
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Published: October 11, 2011
Time posted: 2:50 pm
Tags: Criminal Practice, not lesser included offense, possession of stolen goods, Unauthorized Use of a Motor Vehicle