State v. Hodde

Defendant Richard Hodde was convicted of receiving stolen property, in violation of N.J.S.A. 2C:20-7a and N.J.S.A. 2C:20-2b(2)(b). This case presents us with the question of whether a defendant may be convicted under those statutes when the property, in fact, is not proven to be stolen. Because we determine that the relevant statutory language requires the State to prove that the property has been stolen, we reverse the judgment of the Appellate Division and remand for a new trial.

I

As adduced at trial, the facts are as follows. On the morning of September 18, 1999, employees of a Penske Truck…