STATE v. KOZAN

No. 2 CA-CR 3672.

146 Ariz. 427 (1985)

706 P.2d 753

The STATE of Arizona, Appellant, v. Thomas David KOZAN, Appellee.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied September 24, 1985.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima Co. Atty. by Cindy K. Jorgenson, Tucson, for appellant.

O'Dowd, Burke & Lundquist by Bruce A. Burke, Tucson, for appellee.


OPINION

FERNANDEZ, Judge.

Appellee and three others were arrested for burglary of two Tucson businesses. A jury convicted appellee of two counts of third-degree burglary in violation of A.R.S. § 13-1506. Appellee's motion for new trial was granted because he had been denied a jury instruction that second-degree criminal trespass is a lesser-included offense of burglary in the third degree. The only issue in this appeal is whether the trial court should...

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