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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