STATE v. BAKER

No. 18245.

671 P.2d 152 (1983)

STATE of Utah, Plaintiff and Respondent, v. Jeffrey Dean BAKER, Defendant and Appellant.

Supreme Court of Utah.

September 21, 1983.


Attorney(s) appearing for the Case

G. Fred Metos, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Salt Lake City, for plaintiff and respondent.


DURHAM, Justice:

The appellant, Jeffrey Dean Baker, appeals from a conviction of burglary, a third degree felony, and alleges that the trial court erred in refusing to instruct the jury regarding the offense of criminal trespass. Baker argues that criminal trespass, a class C misdemeanor, is a lesser included offense and that the court's refusal to instruct was prejudicial error.

The evidence presented at trial showed that at approximately 2:30 a.m. on the...

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