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STATE v. GIPSON

No. CR-11-0282-PR.

277 P.3d 189 (2012)

STATE of Arizona, Appellee, v. Gary Wayne GIPSON, Jr., Appellant.

Supreme Court of Arizona, En Banc.

May 31, 2012.

Attorney(s) appearing for the Case

Thomas C. Horne, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Section, Barbara A. Bailey, Assistant Attorney General, Joseph T. Maziarz, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Dwane Cates Law Group, PLLC by Dwane M. Cates, Phoenix, Attorneys for Gary Wayne Gipson, Jr.

OPINION

HURWITZ, Vice Chief Justice.

¶ 1 We are asked to decide whether a trial judge may instruct a jury on a lesser included offense supported by the evidence over objections from the defense and the prosecution. We hold that, although a judge should hesitate to give the instruction in such circumstances, it was not reversible error in this case to do so.

I.

¶ 2 Gary Wayne Gipson, Jr. and Billy Joe Huff, Jr. had a financial...

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