STATE v. ROBERTSON

No. 2 CA-CR 2112.

128 Ariz. 145 (1980)

624 P.2d 342

The STATE of Arizona, Appellee, v. Bill Terry ROBERTSON, aka John Roberson, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 4, 1981.

Review Denied February 18, 1981.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., by William J. Schafer, III, and Gary A. Fadell, Asst. Attys. Gen., Phoenix, for appellee.

Richard S. Oseran, Pima County Public Defender, by Barry J. Baker Sipe, Asst. County Public Defender, Tucson, for appellant.


OPINION

HOWARD, Judge.

The main issue in this case is whether shoplifting is a lesser included offense of theft under the new criminal code.

Appellant entered Daniels Jewelers in Tucson with a companion and asked to see a diamond ring in the $2,000 price range. He was handed a ring valued at $1,895 and after examining it for a moment, said he wanted to show it to someone who was passing the store. He left the store and began running from the pursuing...

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