People v. Wartena

Opinion by

Judge CASEBOLT.

T1 Defendant, Matthew Gene Wartena, appeals the judgment of conviction entered on jury verdicts finding him guilty of second degree burglary and attempted second degree murder, among other offenses. He asserts that those convictions must be vacated because the evidence is insufficient to prove that he intended to commit theft when entering a building and because the trial court erroneously refused to instruct the jury on lesser nonincluded offenses that embodied his theory of defense. We disagree and therefore affirm.

I. Background

1 2 While using a stolen car,…