STATE v. GEESLIN

No. CR-09-0205-PR.

225 P.3d 1129 (2010)

STATE of Arizona, Appellee, v. Tracie Renee GEESLIN, aka Traci Renee Fernandez-Geeslin, Appellant.

Supreme Court of Arizona, En Banc.

March 4, 2010.


Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General, by Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Section, Michael T. O'Toole, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

James J. Haas, Maricopa County Public Defender by Tennie B. Martin, Deputy Public Defender, Phoenix, Attorneys for Tracie Renee Geeslin.


OPINION

HURWITZ, Vice Chief Justice.

¶ 1 In this case, the court of appeals declined to consider whether the trial court erred in refusing to instruct the jury on a necessarily included offense. We conclude that the court of appeals should have addressed the issue.

I.

¶ 2 Tracie Geeslin was arrested after placing shoplifted items into a stolen car. She was charged with several crimes, including theft of a means of transportation...

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