Lemke v. Rayes

In Lemke v. Rayes, 213 Ariz. 232,10, 141 P.3d 407, 411 (App. 2006), while considering a related issue, we assumed arguendo that a jury's conviction on a lesser-included offense continued to bar retrial for the greater offense, notwithstanding the LeBlanc rule change. Lemke, 213 Ariz. 232,15, 141 P.3d at 413. The Court then observed that "a contrary holding would raise significant questions regarding whether a defendant convicted of a lesser-included offense in Arizona under the LeBlanc instruction is constitutionally protected from retrial on the greater offense." Id.