State v. Teran

OPINION

BIRDSALL, Judge.

Appellant was convicted of theft of property with a value of more than $100 but not more than $1,000. He admitted two prior felony convictions and was given the presumptive sentence of 10 years imprisonment.

His appeal presents only one issue, whether the trial court erred in refusing his requested lesser offense instruction and verdict form on shoplifting.

The property involved was a color television set taken from a drug store in Tucson where it was regular merchandise displayed for sale.

Appellant was tried and convicted under the statutory definition of theft that,…