State v. Hendricks

Defendant appeals from his conviction of burglary, a third degree felony. 1

The sole assertion of error is the trial court’s failure to instruct the jury as to the offense of criminal trespass, a misdemean- or, 2 which defendant contends is an included offense.

The applicable statutory provisions read in pertinent part as follows:

U.C.A., 1953, 76-6-202(1) A person is guilty of burglary if he enters or remains unlawfully in a building or any portion of a building with intent to commit a felony or theft .(2) Burglary is a felony of the third degree unless it is committed in a dwelling . .

U.C.A.,…