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STATE v. HODDE

858 A.2d 1126 (2004)

181 N.J. 375

STATE of New Jersey, Plaintiff-Respondent, v. Richard HODDE, Defendant-Appellant.

Supreme Court of New Jersey.

Decided September 27, 2004.

Attorney(s) appearing for the Case

Kevin G. Byrnes, Designated Counsel, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Russell J. Curley, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General of New Jersey, attorney).

Justice ZAZZALI delivered the opinion of the Court.

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...

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