car. The court stated, however, that it believed D.W.O. was guilty of conspiracy to commit criminal damage to property and adjudicated D.W.O. delinquent on “the lesser-included offense of conspiracy to commit damage to property.” ISSUE Did the trial court err in adjudicating appellant on an offense not charged in the delinquency petition? ANALYSIS D.W.O. argues that the trial court erred in adjudicating him delinquent of conspiracy to commit criminal damage to property, a crime that was not charged in the petition and was not a lesser-included offense of any crime charged in the petition. The state concedes that conspiracy to commit criminal damage to property is not a lesser-included offense of criminal damage to property. See State v. Lucas, 372 N.W.2d 731, 740-41 (Minn.1985) (<HOLDING>). But the state argues D.W.O. has not shown
holding that firstdegree sexual abuse is a lesserincluded offense of firstdegree sodomy holding that a conviction for conspiracy to commit firstdegree depravedmind murder could not stand under current case law because conspiracy requires both intent to agree and intent to commit the offense which is the object of the conspiracy and depravedmind murder is an unintentional killing resulting from highly reckless behavior holding that conspiracy to commit murder is not lesserincluded offense of firstdegree murder holding that where both firstdegree and felony murder were possible bases for a murder conviction a jury instruction that suggested the jury could rely on felony murder as the predicate offense for a conviction for conspiracy to commit murder was improper because under arizona law a conviction for conspiracy to commit firstdegree murder requires a specific intent to kill holding that firstdegree sexual abuse is a lesserincluded offense of firstdegree rape