Cited by

“An error of law committed in reaching a discretionary conclusion may, however, constitute an abuse of discretion.”

¶20 to argue he is not precluded from a lesser-included offense instruction merely because he pursued an “all-or-nothing” defense—meaning “that he is either guilty of the charged offense or not guilty at all.” Id.

But an “error of law committed in reaching a discretionary conclusion may, however, constitute an abuse of discretion.” Johnson, 247 Ariz. at 186 ¶ 45 (internal quotation mark omitted) ( ¶ 12 (2006)).

A defendant is entitled to a “lesser-included offense instruction if it is supported by the evidence.” ¶ 17 (2006).

“An offense is ‘lesser-included’ when the ‘greater offense cannot be committed without necessarily committing the lesser offense.’” Carter, 249 Ariz. at 316, ¶ 10 ( ¶ 14 (2006)) (internal quotation marks omitted).

(error of law in reaching discretionary conclusion may constitute abuse of discretion).

¶ 18 (2006) (A defendant is entitled to a lesser-included instruction if the jury could find he committed the lesser offense but not the greater offense.); see also A.R.S.

“An error of law committed in reaching a discretionary conclusion may, however, constitute an abuse of discretion.” ¶ 12 (2006).

Carter, 249 Ariz. at 316, ¶ 10 ( ¶ 14 (2006))

A defendant is entitled to a lesser-included instruction if the jury could find “(a) that the State failed to prove an element of the 5 STATE v. ESTEVEZ Decision of the Court greater offense and (b) that the evidence is sufficient to support a conviction on the lesser offense.” ¶ 18 (2006).

constitute an abuse of discretion.” Hall, ().

at 315–16 ¶¶ 9–10 ( ¶ 14 (2006)) (“A necessarily included offense for jury instruction purposes must be a lesser-included offense under Blockburger’s same-elements test.”); see Blockburger v. United States, 284 U.S. 299, 304 (1932).

(alteration in Hall) ().

¶ 45 (2019) ( ¶ 12 (2006)).

An offense is a lesser included offense when the “greater offense cannot be committed without necessarily committing the lesser offense.” ¶ 10 (2020) ( ¶ 14 (2006)).

A defendant is entitled to a lesser-included-offense instruction if two conditions are met: “The jury must be able to find (a) that the State failed to prove an element of the greater offense and (b) that the evidence is sufficient to support a conviction on the lesser offense.” ¶ 18 (2006).

¶42 We review a trial court’s denial of a requested jury instruction for an abuse of discretion and “defer to the trial judge’s assessment of the evidence.” 5, ¶¶ 12, 23 (2006).

Although many cases have used the terms “lesser-included” and “necessarily included” interchangeably, defining these terms.