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STATE v. BREED

No. 1 CA-CR 11-0651.

286 P.3d 806 (2012)

STATE Of Arizona, Appellee, v. Jeremy Joseph BREED, Appellant.

Court of Appeals of Arizona, Division 1, Department D.

October 16, 2012.

Attorney(s) appearing for the Case

Thomas C. Horne, Arizona Attorney General By Kent E. Cattani, Chief Counsel Criminal Appeals/Capital Litigation Section And Melissa M. Swearingen, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James Haas, Maricopa County Public Defender By Thomas Baird, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

BROWN, Judge.

¶ 1 Jeremy Joseph Breed appeals his conviction and resulting sentence for unlawful use of means of transportation ("unlawful use") under Arizona Revised Statutes ("A.R.S.") section 13-1803(A)(1) (2010). He challenges the trial court's determination that unlawful use is a lesser-included offense of theft of means of transportation under A.R.S. § 13-1814(A)(5) (2010). For the following reasons, we affirm.

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