Keller v. State

THOMAS, Justice.

The main question in this appeal is whether the court erred in refusing to give to the jury a requested lesser included offense instruction on the offense of criminal entry in a trial in which Thomas Ray Keller (Keller) was convicted of three counts of burglary. Other issues are presented relating to Keller’s sentence. These include challenges to the authority of the court to order Keller to attend therapeutic programs at the penitentiary, to order Keller to pay restitution in an amount to be determined at a later time, and to order Keller to repay the office of the public…