State v. Robinson

After a jury trial, Defendant was found guilty of possession of a stolen motor vehicle. The trial court sentenced Defendant to an active term of eighty-four to 113 months’ imprisonment. Defendant appealed, arguing that the trial court erred in denying his request for a jury instruction on unauthorized use of a motor vehicle as a lesser-included offense of possession of a stolen vehicle. The Court of Appeals affirmed, concluding that it was bound by its decision in State v. Oliver, which held that unauthorized use of a motor vehicle is not a lesser-included offense of possession of a stolen vehicle. Defendant appealed, claiming that Oliver was wrongly decided because that decision incorrectly interpreted the Supreme Court’s decision in State v. Nickerson. The Supreme Court affirmed as modified, holding (1) the Oliver court misapprehended the Supreme Court’s decision in Nickerson, and therefore, Oliver is overruled to the extent that it is inconsistent with this opinion; but (2) nevertheless, the offense of unauthorized use of a motor vehicle is not a lesser-included offense of possession of a stolen vehicle, and therefore, the trial court did not err in denying Defendant’s request to instruct the jury on unauthorized use of a motor vehicle. View "State v. Robinson" on Justia Law