State v. Robertson

OPINION

HOWARD, Judge.

The main issue in this case is whether shoplifting is a lesser included offense of theft under the new criminal code.

Appellant entered Daniels Jewelers in Tucson with a companion and asked to see a diamond ring in the $2,000 price range. He was handed a ring valued at $1,895 and after examining it for a moment, said he wanted to show it to someone who was passing the store. He left the store and began running from the pursuing store personnel. He was subsequently stopped, arrested and indicted for theft of property over $1,000.

He contends the trial court erred in refusing…