State v. Hill

OAKS, Justice:

This case turns on whether theft is a lesser included offense of aggravated robbery on the facts of this case.

The relationship of lesser included offenses is significant for two purposes. “A defendant [1] may be convicted of an offense included in the offense charged [2] but may not be convicted of both the offense charged and the included offense.” U.C.A., 1953, § 76-1-402(3). In other words, conviction of a lesser included offense (1) is permitted as an alternate to the charged offense, but (2) is not permitted as an addition to it. This case involves the second issue —…