STATE v. STEENS

No. 89-1642.

464 N.W.2d 874 (1991)

STATE of Iowa, Appellee, v. Fredrick STEENS, Appellant.

Supreme Court of Iowa.

January 23, 1991.


Attorney(s) appearing for the Case

Raymond E. Rogers, Appellate Defender, and Ahmet S. Gonlubol, Asst. Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Ann E. Brenden, Asst. Atty. Gen., James Smith, County Atty., and Dan Voogt, Asst. County Atty., for appellee.

Considered by CARTER, P.J., and LAVORATO, NEUMAN, SNELL and ANDREASEN, JJ.


CARTER, Justice.

Defendant, Fredrick Steens, appeals from conviction of burglary in the second degree. He contends that the district court erred in failing to submit to the jury, as a lesser-included offense, criminal trespass as defined in Iowa Code section 716.7(2)(a) (1989). The court of appeals determined this issue favorably to the defendant and reversed his conviction. We granted further review. For reasons which are discussed herein, we vacate the decision...

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