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STATE v. GRIEST

No. 1 CA-CR 98-1029.

994 P.2d 1028 (2000)

196 Ariz. 213

STATE of Arizona, Appellee, v. Dewayne Edward GRIEST, Appellant.

Court of Appeals of Arizona, Division 1, Department A.

January 27, 2000.

Attorney(s) appearing for the Case

Janet Napolitano, The Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section and Toni Marie Valadez, Assistant Attorney General, Phoenix, Attorneys for Appellee.

Sherman Jensen, Phoenix, Attorney for Appellant.

OPINION

KLEINSCHMIDT, Judge. ¶ 1 The only issue in this case is whether unlawful use of a means of transportation is a lesser included offense of theft by conversion. We hold that it is.

¶ 2 The case arose as follows. The victim, Virgil Trammel, testified that the Defendant, whom he had known for about nine months, had been staying at his house for about a week. The Defendant talked about needing transportation to see...

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