HODGES, Chief Justice.
Defendant Beaudoin appealed his conviction of felony theft and conspiracy. The Colorado Court of Appeals affirmed the conviction in an unpublished opinion. We granted certiorari to review the court of appeals holding that reversible error did not occur when the trial court refused to instruct the jury on the lesser included offense of misdemeanor theft. We hold, contrary to the court of appeals, that the defendant was entitled to such an instruction...
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