FOLEY, Judge.
Defendant appeals from a jury conviction of first degree burglary, ORS 164.225, on the grounds that the trial court improperly refused to give a requested instruction on the lesser included offense of criminal trespass in the second degree, ORS 164.245.
Defendant was apprehended by the owners of a television set and several other items when they returned to their residence and saw him in possession of their property. The defendant was pursued...
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