State of Arizona v. Francisco Xavier Veloz

OPINION

MILLER, Presiding Judge:

¶ 1 Francisco Veloz was convicted after a jury trial of organized retail theft and theft, and sentenced to concurrent prison terms totaling 4.5 years, with restitution to the victim. On appeal, he contends the organized retail theft statute is unconstitutionally vague, the evidence was insufficient to convict him of organized retail theft, the trial court erred when it failed sua sponte to instruct the jury on shoplifting as a lesser-included offense of organized retail theft, and his theft conviction should be vacated because it violates the prohibition against…