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TERRY v. STATE

No. 07-08-0479-CR.

296 S.W.3d 905 (2009)

Bobby Wayne TERRY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo, Panel B.

September 28, 2009.

Attorney(s) appearing for the Case

Warren L. Clark, Amarillo, TX, for Appellant.

John L. Owen, Assistant District Attorney, Amarillo, TX, for Appellee.

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Opinion

BRIAN QUINN, Chief Justice.

Bobby Wayne Terry was convicted of burglary of a building. He seeks reversal of that conviction because the trial court failed to instruct the jury on the purported lesser-included offense of criminal trespass. We affirm the judgment.

Background

On April 1, 2008, around 8:00 p.m., police officers responded to a burglar alarm that went off at Cruz...

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