State v. Elliott

PLEICONES, Justice:

I respectfully dissent, and would affirm the decision of the Court of Appeals as modified. In my opinion, fairness to the bench and bar requires that we adopt a lesser included offense test that applies to all cases and not utilize an ad hoc approach. The majority holds that the first step in any greater-lesser analysis is the application of the “elements test,” and that where that test fails to yield the desired result, we may conclude that the offense should be considered a lesser as an “anomaly.” In my view, this rule does not provide for the stability and predictability…