State v. Woods

OPINION

JACOBSON, Presiding Judge.

Appellant Gregory Woods (defendant) was convicted of sale of a narcotic drug with two prior felonies and was sentenced to a mitigated term of 14 years of imprisonment. On appeal, defendant argues that the trial court erred in failing to give a requested jury instruction on solicitation, contending that the crime of solicitation is a lesser-included offense of the crime of sale of a narcotic drug, if a defendant is solely an accomplice. We disagree and affirm.

FACTS

On the afternoon of February 14, 1989, two undercover Phoenix police officers drove to the 902 Bar…