State v. 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 in violation of A.R.S. § 13-1814(A)(5) (2001). At trial, Geeslin requested that the jury also be instructed on unlawful use of a means of transportation. See AR.S. §…