STATE v. NICKERSON

No. 458PA10.

715 S.E.2d 845 (2011)

STATE of North Carolina v. Nakia NICKERSON.

Supreme Court of North Carolina.

October 7, 2011.


Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by Catherine F. Jordan , Assistant Attorney General, for the State-appellant.

Ryan McKaig , Raleigh, for defendant-appellee.


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...

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