ALLEN v. STATE

No. CACR 95-440.

920 S.W.2d 860 (1996)

53 Ark.App. 225

Shannon ALLEN, Appellant, v. STATE of Arkansas, Appellee.

Court of Appeals of Arkansas, En Banc.

May 8, 1996.


Attorney(s) appearing for the Case

Daniel D. Becker, Public Defender, Michael E. Harmon, Deputy Public Defender, Hot Springs, for appellant.

J. Brent Standridge, Asst. Attorney General, Little Rock, for appellee.


GRIFFEN, Judge.

Shannon Allen appeals his conviction in the Garland County Circuit Court following a jury verdict of guilty on the charge of burglary, and contends that the trial court erred by refusing his requested and proffered jury instruction for the lesser included offense of criminal trespass. We reverse and remand this case for a new trial, because we agree with appellant that a rational basis was established for charging the jury regarding the lesser included...

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