State v. Smith

OPINION

DROWOTA, Justice.

We granted the State’s Rule 11, T.R.A.P., application for permission to appeal in order to determine: (I) whether the Court of Criminal Appeals correctly held that the trial court erred in failing to instruct the jury that criminal trespass is a lesser included offense within the indicted offense, second degree burglary; and (II) whether the Court of Criminal Appeals correctly held that, where the trial court erroneously instructed the jury that they were authorized to return determinate sentences for the offenses of an attempt to commit a felony, and the jury did so,…