State v. Piansiaksone
In State v. Piansiaksone, 954 P.2d 861, 867 (Utah 1998), the Court held that it was improper to instruct the jury not to consider a lesser included offense if they found the defendant guilty of the charged offense. 954 P.2d 861 at 870.
The Court stated that ordering the instructions in this way wrongly "denied [defendant] his right to have the jury consider his theory of the case." Id.