State v. Nickerson

NEWBY, Justice.

This case presents the question whether unauthorized use of a motor vehicle is a lesser included offense of possession of stolen goods. Applying the required definitional test, we hold that the crime of unauthorized use of a motor vehicle contains at least one essential element not present in the crime of possession of stolen goods; therefore, the former is not a lesser included offense of the latter. Accordingly, we reverse the decision of the Court of Appeals.

Early on 20 November 2008, Darrel Haller awoke to discover that someone had entered his house, stolen his car keys,…