STATE v. WALL

No. CR-05-0089-PR.

126 P.3d 148 (2006)

212 Ariz. 1

STATE of Arizona, Appellee, v. Emmet Darnell WALL, Appellant.

Supreme Court of Arizona, En Banc.

January 12, 2006.


Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Randall M. Howe, Chief Counsel Criminal Appeals Section, Michael T. O'Toole, Assistant Attorney General, Attorneys for State of Arizona.

Robert J. Hooker, Pima County Public Defender by Brian X. Metcalf, Deputy Public Defender, Attorneys for Emmet Darnell Wall.


OPINION

BERCH, Vice Chief Justice.

¶ 1 This case concerns the trial court's refusal to give a lesser-included offense instruction requested by a defendant who had asserted an all-or-nothing defense. We conclude that a defendant does not forfeit his right to a lesser-included offense instruction by asserting an all-or-nothing defense if the evidence in the record is sufficient to support the instruction. We therefore reverse the judgment of conviction...

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