State of Arizona v. George Benjamin Larin, 233 Ariz. 202

Larin was convicted after a jury trial of first-degree burglary, armed robbery, aggravated robbery, and two kidnapping counts; he received concurrent sentences the longest being 18 years.
The State charged Larin with multiple offenses and dangerous-nature sentence enhancements; the jury found him guilty on several counts and acquitted others.
Larin appealed, challenging the denial of lesser-included-offense jury instructions, the denial of a new trial, and a mistrial request based on a courtroom identification.
The State cross-appealed claiming the court erred by not allowing dangerous-nature sentencing allegations to be considered during the aggravation phase.
The court affirmed the convictions but vacated the sentences and remanded for proceedings consistent with its opinion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court erred in denying lesser-included instructions	Larin—insufficient evidence for lack of weapon; requested second-degree burglary	Wall-based claim; presence defense insufficient for lesser offense	No abuse; no rational basis for second-degree burglary instruction
Whether a mistrial was warranted due to in-court identification	State violated disclosure rules; identification tainted trial	Judicial curative measures adequate; no prejudice shown	No fundamental error; mistrial denied and evidence curative measures upheld
Whether unlawful-imprisonment instruction should have been given	Could have convicted on unlawful imprisonment rather than kidnapping	Insufficient evidence to support unlawful-imprisonment; aided in felonies	No error; unlawful-imprisonment instruction not supported by record
Whether dangerousness findings should have been resolved in aggravation phase	RAJI instruction favored; Patterson requires aggravation-phase determination	RAJI not controlling; Rule 19.1(b) governs; danger inherent in some offenses	Rule 19.1(b) requires dangerousness determinations during aggravation phase; improper to decide in guilt phase unless element or admission

State v. Wall, 212 Ariz. 1, 126 P.3d 148 (Ariz. 2006) (lesser-included and necessarily included offenses require evidence-based instruction)
State v. Neal, 143 Ariz. 93, 692 P.2d 272 (Ariz. 1984) (new-trial standard; abuse of discretion)
State v. Henderson, 210 Ariz. 561, 115 P.3d 601 (Ariz. 2005) (fundamental error standard for trial procedures)
State v. Patterson, 230 Ariz. 270, 283 P.3d 1 (Ariz. 2012) (dangerousness as non-capital aggravator; procedure per Rule 19.1(b))
State v. McCray, 218 Ariz. 252, 183 P.3d 503 (Ariz. 2008) (dangerousness sentencing scheme applicability)