STATE v. EKMANIS

No. 1 CA-CR 92-1455.

183 Ariz. 180 (1995)

901 P.2d 1210

STATE of Arizona, Appellee, v. Ingmar Rolf EKMANIS, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Review Denied September 12, 1995.


Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, and Galen H. Wilkes, Asst. Atty. Gen., Criminal Appeals Section, Phoenix, for appellee.

John M. Antieau, Phoenix, for appellant.


OPINION

NOYES, Judge.

While burglarizing the storage room of a patio home in central Phoenix, Ingmar Ekmanis ("Appellant") was shot by the homeowner. The issues on appeal are whether the trial court properly instructed the jury on second degree burglary (residential structure) and whether it properly refused to instruct the jury on third degree burglary (nonresidential structure). We affirm.

Appellant's testimony, in brief, was that he had run out...

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