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And an offense is necessarily included “when it is lesser included” and “the facts of the case as presented at trial are such that a jury could reasonably find that only the elements of a lesser offense have been proved.” ¶ 14 (2006).

“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).