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YOUNG v. STATE

No. 33A01-0508-CR-402.

846 N.E.2d 1060 (2006)

Timothy W. YOUNG, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

May 9, 2006.

Attorney(s) appearing for the Case

John Pinnow, Greenwood, for Appellant.

Steve Carter, Attorney General of Indiana, Michael Gene Worden, Deputy Attorney General, Indianapolis, for Appellee.

OPINION

KIRSCH, Chief Judge.

Timothy W. Young appeals his conviction for residential entry,1 a Class D Felony. He raises one issue, which we restate as whether the trial court abused its discretion when it failed to instruct the jury on Class A Misdemeanor criminal trespass2 as a lesser included offense of residential entry.3

We reverse and remand.

FACTS...

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