Defendant was allegedly observed by a police officer breaking into a commercial van and removing property from inside. Defendant testified that he had been shooting up heroin in a nearby dumpster, where he found the stolen property, and denied breaking into or entering the van. The court did not err by denying defendant's application to submit trespass to the jury as a lesser included offense of burglary in the third degree, since although it is impossible to commit burglary...
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