People v. Rhorer

Opinion by

Judge CRISWELL.

Defendant, Rex C. Rhorer, appeals the judgment of conviction of second degree burglary and the district court’s later order denying his Crim.P. 35(c) motion. We affirm the order denying the Crim.P. 35(c) motion, vacate the conviction of burglary, and remand with directions to enter a judgment of conviction of criminal trespass and resen-tence defendant for that offense.

Defendant was .charged with and tried for second degree burglary, menacing, and two counts of being an habitual criminal. According, to the testimony of the victim, who was defendant’s former…