ON WRIT OF CERTIORARI
COBB, Presiding Justice, for the Court.
¶ 1. On writ of certiorari, we review the Court of Appeals' decision affirming the trial court's refusal to give Michael Green a jury instruction on a lesser, non-included offense. Concluding that the trial court, and subsequently the Court of Appeals, erred in refusing Green's jury instruction, we now reverse and remand for a new trial.
FACTS AND PROCEDURAL HISTORY
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