STATE v. PHILLIPS

No. 84-1516.

378 N.W.2d 316 (1985)

STATE of Iowa, Plaintiff-Appellee, v. Duane Alan PHILLIPS, Defendant-Appellant.

Court of Appeals of Iowa.

October 29, 1985.


Attorney(s) appearing for the Case

John P. Messina, Asst. Appellate Defender, for defendant-appellant.

Thomas J. Miller, Atty. Gen., and Valencia Voyd McCown, Asst. Atty. Gen., James Smith, Polk Co. Atty. and Rich Williams, Asst. Polk Co. Atty., for plaintiff-appellee.

Heard by OXBERGER, C.J., and SNELL, and SACKETT, JJ.


OXBERGER, Chief Judge.

This appeal requires our interpretation of the differentiating elements of the crimes of burglary and criminal trespass. We find the difference between the two crimes is the intent involved and the nature of the property entered. Although the jury which convicted defendant of attempted burglary was not properly instructed on the intent element of criminal trespass, the defendant was not prejudiced as a result, and we affirm the trial court....

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