§ 6.8 LESSER-INCLUDED OFFENSE

• Jurisdiction: Arizona

§ 6.8 LESSER-INCLUDED OFFENSE

State v. Brown,195 Ariz. 206, 986 P.2d 239 (App. Div. 1, 1999)

Driving on a suspended license is not an inherent constituent part of aggravated DUI. The test for whether an offense is "lesser-included" is whether it is, by its very nature, always a constituent part of the greater offense, or whether the charging document describes the lesser offense even though it does not always make up a constituent part of the greater offense. Additionally, the lesser-included offense is...