State v. Plummer
Annotate this CaseOn direct appeal of his conviction for the aggravated robbery of a Target store employee, Defendant raised the issue of whether the district court committed reversible error by refusing to give the jury a lesser included offense instruction on the crime of simple theft. The court of appeals reversed and remanded for a new trial, finding that the refusal to give the theft instruction was reversible error. The Supreme Court affirmed, holding (1) the district court erred in refusing to give the instruction on theft as a lesser included offense, and the error was not harmless; and (2) the skip rule did not dictate an affirmance of the trial court's refusal to instruct on theft.
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