State v. Robinson

Summary

The Supreme Court of North Carolina held that unauthorized use of a motor vehicle is not a lesser-included offense of possession of a stolen vehicle. Applying the definitional test, the Court concluded that unauthorized use requires proof of taking or operating a motor-propelled conveyance, an element not required for possession of a stolen vehicle. The Court modified and affirmed the Court of Appeals decision and overruled State v. Oliver to the extent inconsistent with its opinion.

Holdings

1. Unauthorized use of a motor vehicle is not a lesser-included offense of possession of a stolen vehicle because unauthorized use requires proof that the defendant took or operated a motor-propelled conveyance, an essential element not required for possession of a stolen vehicle.
2. The trial court did not err in refusing to instruct the jury on unauthorized use of a motor vehicle because that offense is not a lesser-included offense of possession of a stolen vehicle.

Questions Presented

1. Whether unauthorized use of a motor vehicle is a lesser-included offense of possession of a stolen vehicle under North Carolina's definitional-elements test.
2. Whether the trial court erred by refusing to instruct the jury on unauthorized use of a motor vehicle as a lesser-included offense.

Disposition

affirmed