State v. Teran
In State v. Teran, 130 Ariz. 277, 279, 635 P.2d 870, 872 (App. 1981), the defendant appealed his conviction for theft on the ground that the trial court had denied his request for an instruction and verdict form on shoplifting. 130 Ariz. at 278, 635 P.2d at 871.
Even though shoplifting was not a lesser-included offense of theft, the defendant argued that the instruction should have been given as a "theory of the case" instruction because "he should have been entitled to have the jury decide between the two offenses." Id.
The Court rejected this argument because "a finding that defendant was guilty of shoplifting would not mean that he was innocent of the theft charge." Id.